Application refusal

Under section 82a of the Environmental Planning and Assessment Act (1979) an applicant can request Council to review an application decision.

If you're unhappy with Council’s assessment of your tree, you will need to submit an application for Review of Tree Determination within six (6) months of the date of the decision.

Your application must include:

  • Additional information not available at the time of the original inspection
  • A report from a consulting arborist (AQF Level 5). Council will consider reports from consulting arborists who are members of either the Institute of Consulting Arborists or Arboriculture Australia
  • Any additional reports requested by Council relevant to the stated problem e.g. a structural engineer or licensed plumber report.

The review of the original decision will be done by a different Council officer with arboricultural qualifications.

If the same decision is made by Council, you have the right under Section 97 of the Environmental Planning and Assessment Act 1979 to appeal to the Land and Environment Court within six (6) months of the determination date.

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