If you disagree with a planning decision made by the Council, you may have the right to appeal through the Tasmanian Civil and Administrative Tribunal (TASCAT). The appeals process provides an opportunity to challenge decisions that you believe are incorrect or unfair.

Who can lodge an appeal?

An appeal may be lodged by:

  • The applicant if a planning permit is refused or if they disagree with conditions imposed.
  • A person who made a valid representation during the public notification period, if they object to the decision.

Appeals must be submitted within 14 days of the decision being issued. Late appeals will not be accepted.

Grounds for appeal

An appeal must be based on planning-related reasons and cannot be lodged solely due to personal preference or financial concerns. Common grounds for appeal include:

  • The decision is inconsistent with the Tasmanian Planning Scheme.
  • The conditions imposed are unreasonable or impractical.
  • The application did not properly consider the impact on neighbouring properties or the environment.

How to lodge an appeal

All appeals must be made to TASCAT following the process outlined on their website.

Steps to lodge an appeal:
  1. Prepare your appeal – Clearly outline your reasons, referring to relevant planning laws and regulations.
  2. Complete the appeal form – Available from the [TASCAT website].
  3. Submit your appeal – Lodge it within 14 days of the Council’s decision.
  4. Pay the required fee – Fees vary depending on the nature of the appeal. Concessions may be available.

For full details on the appeal process and current fees, visit TASCAT’s official website.

What happens after an appeal is lodged?

  • TASCAT will review the application and notify all relevant parties.
  • A preliminary conference may be held to explore possible resolution options.
  • If no agreement is reached, a hearing will be scheduled.
  • The Tribunal may confirm the Council’s decision, amend the conditions, or overturn the decision entirely.

The length of the appeals process varies, but straightforward cases may be resolved within a few months.

Can a development proceed while an appeal is ongoing?

In most cases, development cannot commence until the appeal is resolved. If work starts before the appeal is determined, enforcement action may be taken.

Need assistance?

If you are considering lodging an appeal, it may be beneficial to seek advice from:

  • A town planner or solicitor experienced in planning law.
  • The Tasmanian Planning Commission for guidance on relevant regulations.
  • TASCAT, which provides resources on the appeals process.

For any questions about a planning decision, contact Council’s planning team before proceeding with an appeal.

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