Public Notifications (Cat 3)
Public Notification Categories for development
Public notifications are listed under Community Consultation. Please note that Public Notifications are deleted from the website the day following the closing date.
An overview of Public notifications is provided below.
Public Notification - Category 1, 2 or 3 developments
There are three categories of public notification. Category 1 and Category 2 forms of development are listed in the Development Regulations and may also be listed in individual zones within the Council's Development Plan.
If an application is categorised as either a Category 2 or 3 form of development there exists an opportunity to lodge a representation which must be lodged with the appropriate form within the specified time. Representations received after the stipulated deadline are deemed invalid and are not considered by the Council.
Category 1 covers 'development' which is exempt from public notification, and usually relates to uses that you would expect within a zone and which are not on a zone boundary where a conflict may arise. Examples might include:
- Detached dwellings in residential zones
- Development of a specific form which is encouraged within a specific zone (i.e. shops within a Centre Zone).
Category 2 covers 'development' which requires limited public notification to owners or occupiers of land adjacent to a proposed development, but does not give a person who lodges a representation a right of appeal against the decision. Examples include:
- Development on land which abuts a different zone boundary
- Development upon a property boundary which may materially impact the adjoining property
Category 3 developments are not listed as such - they include those kinds of development that are not listed as either Category 1 or 2 in Schedule 9 of the Development Regulations 1993. In this case, a public notice is placed in the newspaper and on the website and owners of properties adjoining the proposed development are directly notified by letter. Any person can make a representation on the application. Persons who make representations in relation to Category 3 must be heard if they request it as part of their submission.
A representation to a Category 3 publicly notified proposal also has an appeal right against the decision.
Appeals against decisions on development applications are heard by a specialist Environment, Resources and Development Court(ERD Court).