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Review of Development Applications

The NSW Planning system makes provision for a review of an application that has been refused by the Council. This is an alternative option to an appeal to the Land and Environment Court, which also can be an option when an application is refused by the Council.

The legislation concerning Division 8.2 Reviews can be found at this link.

The Act provides that Complying Development, Designated Development and Crown Development are not able to be subject to a Division 8.2 Review.

The period for applying for a review is the same as an appeal to court (typically six months) (also 28 days for a modification application and 14 days for a Council decision to reject an incomplete/ineligible application) and an application for a review cannot be made if an appeal has already been made to Court and the Court has made a decision.

An applicant may make modifications to a development as part of the review process, although the consent authority needs to be satisfied that the proposal will be "substantially the same development".

The consent authority may either confirm it's original decision to refuse the application as part of the review or may change the determination/decision and approve the application.

The fees for a review application are outlined in the regulations and can be found at this link. For many review applications, the fee is 50% of the original DA fee.

Where an application has been refused by Council, lodging an application for a review can often be a more cost-effective mechanism than directly appealing to Court. It may be possible to make minor changes compared to the original application to address the Council's reasons for refusal.

If the Council again refuses the review application, a further appeal to the Land and Environment Court may be a further option.

For information on preparing a Review Application, feel free to get in contact.

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