Development Applications - Rights and Responsibilities 

In assessing and deciding development applications Council, the applicant and others with an interest in the application have certain rights and responsibilities. The recognition of those rights and responsibilities ensures that the assessment/decision process proceeds smoothly and all involved are satisfied with the process, even if they do not agree with the outcome.

• Applicants
• Submitters
• Council

Applicants 

It is the applicant's responsibility to:

• prepare a development application in accordance with council standards
• obtain copies and read all relevant codes and policies
• make the development proposal as clear as possible for the council and community to understand the possible impacts (e.g. colour plans, drawing, photomontage, models)
• provide all necessary copies of documents and plans
• consider the impacts on the environment and people living in the vicinity of the development
• ascertain whether the development is an integrated development
• fully complete all forms
• ensure that all information provided is correct
• seek their own legal advice
• be concise when appearing at a committee of council to present their case in a reasoned and sound manner without attacking individuals, such as councillors, staff, or objectors.

Applicants have the right to:

• have their applications assessed in an impartial unbiased manner
• have their applications assessed in a reasonable period of time
• have the receipt of the application acknowledged
• be kept informed of the progress of the assessment
• appeal to the Land and Environment Court if they are unhappy with the decision
• receive clear and understandable decisions of Council
• view submissions and comment on those submissions view Plans, Codes and Policies.

Submitters 

It is the submitter's responsibility to:

• make the submission in writing
• make clear the grounds of the submission and the application to which the submission relates (e.g. including LDA number and property address)
• ensure that submissions are based on facts and not the persons involved
• become informed of the application by viewing the plans and supporting information
• lodge the submission with Council within the period specified in the notice or advertisement
• when making a verbal submission to the Committee, to be concise and not merely repeat the content of the written submission, and to be respectful of the Councillors, other submitters and the applicant

Submitters have the right to:

• make a written submission and have that submission considered by Council if it is received by Council before it makes the decision
• view the application during office hours and obtain copies of the application form and any notification plans (subject to the payment of the required fee)
• view any other submission made about the application and obtain a copy of the submission (subject to the payment of the required fee)
• request the opportunity to address the relevant Council Committee when and if it considers that application

The City of Ryde is the consent authority. Its principal charter is to manage the local environment of the City of Ryde. Part of its management of the local environment is to enforce local environmental standards when it assesses and determines development applications.

It is Council's responsibility to:

• assess development applications for which it is the Consent Authority
• enforce State Laws (e.g. EP & A Act, State Environmental Planning Policies (SEPP), State Regional Environmental Policies (SREP) even when it disagrees with the intent of the law
• enforce its own local laws, e.g. the Ryde Planning Scheme Ordinance and related Development Control Plans (DCPs)
• provide accurate advice about its own laws
• make a balanced assessment of an application without regard to the particular persons involved
• ensure that its decisions and the reasons for its decisions are clear and understandable
• acknowledge applications and refer them to relevant authorities as quickly as possible
• notify people that Council believes may be affected by a development proposed by an applicant
• decide an application by either: approving it with or without conditions, or refusing it
• advise applicants and submitters as soon as possible after it makes its decision
• advise the applicant and submitters of their rights and responsibilities
• maintain a record of approvals, which are publicly available to view free of charge
• make a decision about an application as quickly as possible, but without undue haste
• acknowledge receipt of submissions and answer questions raised in submissions
• take reasonable steps to keep applicants informed of the progress of their applications
• ensure that people who have an interest can view an application any time during office hours up to when the application is decided
• consider every submission in the assessment of a development application, which is received up to the time, the application is decided
• decide applications in accordance with the advice of referral authorities in relation to Integrated Development Applications and the concurrence authority in relation to a concurrence application.

Council has the right to:

• reject applications, which are unclear or incomplete
• request further information
• request additional copies of supporting information when copies need to be sent to other authorities
• request amendments to development applications so that they comply with local environmental standards
• require submitters and the applicant to attend a mediation meeting prior to deciding the application.