When an application for an appeal or declaration is received, the Registrar, Building and Development Dispute Resolution Committees, will determine if the application has been lodged correctly.

The Registrar then provides written notice of the appeal or declaration and a copy of the application documentation to the other parties to the appeal.

A committee of between one and five members is then established to hear the matter. Parties are notified in writing of the date and time for the hearing, or when written submissions are required by the committee.

Hearings for appeals or declarations

Hearing venues vary depending on the nature of the matter and are usually held either at the subject site or at an appropriate state or local government office. Hearings are informal, not bound by rules of evidence and can be heard in any way the chairperson of the committee feels is appropriate.

Though hearings have no formal structure or process, all parties will be given reasonable opportunity to submit their case focusing on the facts.

If you are unable to attend a hearing in person, the chairperson may allow you to provide a written submission, participate via teleconference or nominate an agent who may not be a lawyer to act on your behalf.

You are encouraged to seek independent legal advice regarding your application and matters relating to the appeal or declaration, but you may not have a lawyer act as your agent or representative at a hearing.

Fast-tracking the appeal fee and details

Appeals and declarations can be fast-tracked, which enables the chief executive to appoint a committee within two days of receiving the application. The chief executive may only grant the request for fast-track if the person submitting the appeal or declaration application has obtained written consent from all parties and paid the fast track fee.

If the chief executive refuses to grant the request, the fast-track component of the fee is refunded. If the applicant withdraws the fast-tracking process, the fast-track component of the fee is forfeited.

Site inspection

A higher fee is payable if a site inspection is requested by either the applicant or by the appointed committee.

Before starting the appeal, the applicant will need to consider whether a committee can adequately assess the subject matter of the appeal without the need for a site inspection. It is anticipated that a site inspection may not be required for appeals against an error in the calculation of an infrastructure charge or declarations.

It is anticipated that matters such as the siting of a proposed building or structure, enforcement notices to repair or demolish, pool fencing and amenity and aesthetics decisions will require a site inspection by the committee to enable proper consideration of the appeal.

Documentation

The applicant should ensure that all relevant documents, including drawings, are submitted with the application for appeal or declaration.

If a site inspection by the committee is not requested, the applicant is encouraged to submit other information such as site plans, photographs and/or video.

The Registrar, Building and Development Dispute Resolution Committees, is unable to provide legal advice for applications.