Review of determination of Development Application

If the applicant is dissatisfied with the outcome of their determination, they may request a review of determination. The review will be reconsidered and determined by a higher level of delegation than the original determination, or the elected council.

A review of determination is not applicable in the following circumstances:

  • complying development certificates
  • designated development
  • integrated development
  • a determination made in respect of an application made by the Crown
  • after the time limit for making an appeal (six months)

A review of determination request under Sections 82A 8.2, 8.3, 8.4 & 8.5 of the Act can be made in writing to Council and a fee will apply.

If the applicant is still dissatisfied with Council's determination of a development application or Council has not determined the development application within the statutory period of 40 days, they are able to lodge an appeal to the Land and Environment Court.

Online

Step 1.Register or log in

To apply for a review of determination, you must register or log in via the NSW Planning Portal. 

Register or log in

Step 2.Gather information

The request for a review of determination must be within six months after the date of determination of the Development Application, or within 28 days of the determination of the Modification Application.

This application must be accompanied with a statement of support, providing reasons why Council should review its decision. You may include factual material and diagrams.

For further advice, contact our Customer Service Centre on (02) 4921 0333 (Monday - Friday, 8am - 5pm) and ask to speak with the Duty Officer.

Step 3.Apply

Once you have gathered your documents, you can apply online for a Review of Determination. You'll need to upload electronic versions of the required documentation in order to complete your application.

Apply

Step 4.Pay

Lodgement fees will be calculated by Council staff and provided to you in writing after we've received your request to Review of Determination for a Development Application or Modification Application.

What happens when my application is determined

Council will write to the applicant and provide a notice of determination.

If your application is approved, you will receive a copy of the conditions of consent, approved plans, and any other relevant documents. If your application is refused, you will receive the notice of determination with the reasons for refusal.

Where notification is required, Council will notify all persons who made a submission in relation to the application, of the determination (outcome) of that application.

The DA is valid for a period of five years, in which time works must commence or the consent lapses. Once the development has commenced, the consent cannot lapse.

Who determines an application

Council officers have delegation from the General Manager and the elected council (councillors) to determine certain applications on behalf of Council.

The elected council determines applications that are of a controversial nature, have attracted a large number of objections, or where the assessing officer's delegation is withdrawn.

Regionally significant development applications (DAs) and certain other DAs are determined by a Regional Planning Panel. The Panel is an independent body and their determination is not subject to the direction of the Minister of Planning.

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