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NSW Council - Basis of DA Determination and Section 34AA?

Discussion in 'Property Law Forum' started by Anthony D'Ambra, 25 July 2016.

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  1. Anthony D'Ambra

    25 July 2016
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    I am an objecting resident to a DA on a residential site next to my home.

    In May my local Council refused the DA after considering objecting submissions from affected residents that the proposed dual occupancy development doesn't comply with BASIX and Council LEP/DCP controls on solar access for adjoining properties.

    Now the applicant has lodged simultaneously both a Section 82A application for a review of the determination and a Section 34AA appeal in the LEC?

    My question is: On what basis is this doubling up sanctioned by the LEC Act?

    To my mind it is an abuse of process - Section 34AA should only be available after a determination under S82A.

    Thank you

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