Recent changes to the Environmental Planning and Assessment Regulation could create uncertainty as to when an application is considered to be “lodged”.

Clause 24 of the Environmental Planning and Assessment Regulation 2021 says the following (with emphasis added):

 

24 Content of development applications

…

(3) A development application is lodged—

(a) on the day on which the fees payable for the development application under this Regulation are paid, or

(b) if the applicant is notified under Part 13 that no fee is required—on the day the applicant submitted the application on the NSW planning portal.

(4) The applicant must be notified through the NSW planning portal that the development application has been lodged.

…

 

It is important to note that the application is considered “lodged” when the fees are “paid”. Currently, there is no case law as to whether the relevant payment date is when the transfer is made by the Applicant, or when the payment is received by the local council. This issue may arise in Court proceedings, and potentially with respect to a deemed refusal appeal where dates are critical.

Further reading

Read more about deemed refusals here.