In NSW, after how long can an undetermined ordinary development application be treated as refused (a deemed refusal)?
Correct Answer
B) 40 days
Under the Environmental Planning and Assessment Regulation 2021, most development applications are deemed refused if not determined within 40 days, or 60 days for designated, integrated or concurrence development. The clock can stop while the applicant supplies requested information. A deemed refusal lets the applicant appeal to the Land and Environment Court.
Why This Is the Correct Answer
The Environmental Planning and Assessment Regulation 2021 sets a 40-day deemed refusal period for ordinary development applications. If council has not decided by then, the applicant can treat the application as refused and appeal to the Land and Environment Court.
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