GLOSSARY TERM  
  Section 97 Appeal  
 
  DESCRIPTION  
  Under section 97 of the Environmental Planning and Assessment Act 1979 (NSW), an appeal can be made to the Land and Environment Court by an applicant who is dissatisfied with the Consent Authority's determination of the Development Application. The appeal may also relate to a 'deemed refusal' where the Consent Authority has not determined the application within the prescribed time, or a Consent Authority's lack of satisfaction with the carrying out of conditions of the development, or with a matter which must be satisfied before a 'deferred commencement' can operate. Where an appeal is commenced under Section 97, the Consent Authority must notify all objectors to the Development Application, and where relevant, the Minister and any approval body.