Lodging an Objection
How Do I Find Out About a Planning Permit Application?
There are two main kinds of planning permit applications – "discretionary" applications, which have to be advertised and "permitted" applications, which are not advertised.
Any person has a right to object to a discretionary application during the 14 day advertising period. Council may approve or refuse a "discretionary" planning permit application.
Council is bound to approve a "permitted" planning permit application, with or without conditions. There is no right of objection for "permitted" applications.
Council is required to publicly advertise a "discretionary" planning permit application by:
- Sending a written notice to all adjoining owners and occupiers of land.
- Put a notice up at the public boundary/boundaries of the land.
Put an advertisement in the newspaper. (Council advertises “discretionary” applications in The Mercury).
How Can I Object to a Planning Permit Application?
An objection (also known as a "Representation") can be made to any planning permit application, which is advertised by Council. All you need to do is write to Council within the 14 day advertising period for the planning permit application.
When writing in to Council you should make sure you include the following:
- Your name and address
- The date
- Your signature
- The address or another reference for the proposal you are objecting to
- The reasons why you object to the proposal
When Do I Need to Lodge my Objection?
- It is important to lodge your objection with Council within the 14 day advertising period in order to ensure that Council is formally required to consider it when deciding upon the application and to ensure that you have appeal rights (if you decide to appeal Council’s decision on the application).
Who Can Object to a Planning Permit Application?
Anyone can object to a proposal, which has been advertised by Council, whether you are a neighbour or are just generally concerned about a proposed use or development.
What Does Lodging an Objection Do?
Once an objection is lodged, the application will go to the monthly Southern Midlands Council Meeting.
Meetings are open to the public. If you would like to attend the meeting, please contact Council’s Planning Section on contact to find out the date and time of the meeting.
A Planning Authority is required by law to consider your objection, as well as the requirements of the Planning Scheme, when making its decision about an application.
Once the Planning Authority makes its decision, Council is required to notify you in writing of its decision with 7 days.
If you are still unhappy with Council's decision and have lodged an objection within the 14 day advertising period, you have the right to lodge an appeal with the Resource Management and Planning Appeal Tribunal within 14 days after being served notice of Council's decision.