You can ask for a decision made by council about your development application or modification to be reviewed.

There are strict time limits in which the request for review must be made and fees apply.

Appeals against a decision made by council not to determine a DA can be made in the Land and Environment Court of NSW.

You can apply for a review of a council decision about a development application or modification under division 8.2 of the Environmental Planning and Assessment Act.

Applications need to be lodged via your NSW planning portal account within:

  • 8 weeks of the determination of a development application
  • 14 days of a rejection of a DA
  • 28 days of a modification decision.

Early lodgement is recommended for all requests as council must finalise reviews within strict timeframes.

Requests can only be made by the original applicant and need to be uploaded to the NSW planning portal.

This is our essential guide to the information you must lodge with your review application.

A completed copy must be uploaded to the NSW planning portal with your application.

A review of determination needs to address the entire determination, not just parts of the proposal which are contested.

Applicants are also encouraged to consider lodging a modification of consent in some instances rather than requesting a review or appealing a decision.

Fees administered by both council and the NSW Department of Planning and Environment apply.

Contact us for more information.

You can appeal a council decision about a development application in the Land and Environment Court of NSW under the Environmental Planning and Assessment Act.

Options for appeal also include if council has not responded with the legislated timeframe, meaning that your application is deemed to be refused.

See more on the main types of cases under the jurisdiction of the LEC.