New South Wales Consolidated Acts

STRATA SCHEMES DEVELOPMENT ACT 2015 - SECT 66

66 Appeal to Land and Environment Court

(1) The applicant for an application for a strata certificate made to a local council may appeal to the court against a decision of the council--

(a) to refuse the application, or

(b) to issue the strata certificate subject to a restrictive use condition.

(2) For the purposes of an appeal under this section, a local council is taken to have refused an application if the council does not decide the application within 14 days after--

(a) if the application is for a strata certificate referred to in section 54 (1) and, in relation to the application, the council has given notice under that section to an owners corporation--the end of the period specified in the notice within which the owners corporation may give its views on the proposed subdivision to which the certificate relates, or

(b) otherwise--the day the council receives the application.

(3) An appeal must be made within 12 months after--

(a) the day the applicant receives notice of the decision, or

(b) if the local council is taken to have refused the application--the day the council is taken to have refused it.

(4) However, the court may, if it considers it appropriate in the circumstances, extend the period for making the appeal.

(5) A decision of the court on an appeal is taken to be the final decision of the local council and is to be given effect as if it were the decision of the council.