Declarations

A declaration is a legal determination on a point of law. It doesn’t usually need a site inspection like most appeals.

You can ask the Development Tribunals to make a decision about an outstanding issue.

Declarations you can request

You can request a declaration about:

• whether a development application is properly made
• where a change application has been made for a development approval, whether the proposed change to the approval is a minor change

In the second case, the approval must be for a material change of use of premises that involves the use of a ‘classified building’.

The expression ‘classified building’ is defined in the Planning Act and broadly means a house, townhouse, carport, garage or shed.

You can’t request a declaration about whether a development application is accompanied by the written consent of the owner of the land.

Also, you can only request a declaration about a change application where the responsible entity for the application is an entity other than the Planning and Environment Court.

Applying for a declaration

The process for applying for a declaration is the same as for an appeal, though the application time frame may be different and can depend on who is starting the proceedings.

Find out how to apply.