DA Refusal - Appeals / Review
Most refusals are recoverable. There are three routes: a Section 8.3 review where council reconsiders and you can amend the proposal, an amended resubmission as a fresh application, or an appeal to the NSW Land and Environment Court, generally within about 6 months of the refusal or deemed refusal (Land and Environment Court Act 1979 (NSW), s 20(2)). Which one is right depends entirely on why it was refused - and the review route has its own, much shorter deadline that runs from the day of determination.
Free consultation
- Review or resubmission 6–12 weeks · Court appeal 6–12 months
- Review from $3,200 + GST · appeal support quoted per matter
- Quoted fixed after a free scope check
The three routes, side by side
| Section 8.3 review | Amended resubmission | Court appeal | |
|---|---|---|---|
| Timeframe | 6–10 weeks | 8–12 weeks | 6–12 months |
| Relative cost | Lowest | Low–moderate | Highest |
| Can amend the proposal | Yes, substantially the same | Yes, without limit | Limited |
| Deadline | Statutory, short | None | ~6 months from refusal |
| Decision maker | Council, different officer | Council | Court |
What an appeal actually involves
An appeal to the NSW Land and Environment Court must generally be lodged within about 6 months of the refusal or deemed refusal, under the Land and Environment Court Act 1979 (NSW), s 20(2). It is heard as a genuine merits appeal - the Court re-examines the planning merits of your proposal, not just whether council followed the correct process - and can affirm the refusal, approve the DA (with or without conditions), or send it back for reconsideration. Many appeals resolve at a conciliation conference with a Court-appointed Commissioner before ever reaching a full hearing, which is faster and cheaper than a contested hearing. This appeal right belongs to the applicant only - objecting neighbours generally have no equivalent right to appeal a DA approval, unless the project is designated development.
What we will tell you
If the refusal is recoverable, which route and why. If it is not - if the use is impermissible, or the yield you need cannot be made acceptable - we will say that too. An optimistic appeal on a matter that cannot be won is the most expensive advice in this field.
How it works
Refusal review
3–5 days
We read the assessment report in full and categorise every reason for refusal.
Strategy
2–3 days
A written recommendation with the cost, timeframe and realistic prospects of each route.
Execution
2–6 weeks
Amended package for a review or resubmission, or planning evidence and instructions for an appeal.
Determination
6 weeks – 12 months by route
Managed through to outcome.
What we take off your hands
What EHUP handles
- Reading the assessment report and identifying what is actually recoverable
- An honest recommendation between review, resubmission and appeal
- Amended design strategy and a revised planning case
- Expert planning evidence and instructing solicitors where an appeal is the route
- Managing the process so the deadline is not the thing that decides it
What you don't have to deal with
- Assuming a refusal is final and abandoning the project
- Spending on litigation where a review would have worked
Frequently asked questions
Is a refused DA the end of the project?
Very rarely. Most refusals are about specific, addressable reasons rather than about the project being impossible. The three routes each suit different situations, and the first job is working out which reasons are fixable and which are structural.
How much does an appeal cost?
Substantially more than a review - a Land and Environment Court appeal involves legal representation, expert evidence and a hearing, and typically runs six to twelve months. That is why the honest advice is often to exhaust the review route first, and it is why we will tell you when an appeal is not worth it.
Can I just lodge a new application?
Yes, and sometimes that is the cleanest route - particularly where the design needs to change substantially in response to the refusal reasons. A fresh application has no deadline pressure and no procedural constraints, but it starts the clock again and pays a new fee.
What if I disagree with council reasoning?
That is precisely what the appeal jurisdiction is for. If the disagreement is about planning judgement or the interpretation of a control rather than about a factual deficiency in the application, the Court is the forum. We will say so plainly if that is where your matter sits.
How long do I have to appeal to the Land and Environment Court?
Generally about 6 months from the date of the refusal or deemed refusal, under the Land and Environment Court Act 1979 (NSW), s 20(2). Only the applicant has this right - objecting neighbours generally cannot appeal a DA approval unless the project is designated development.
Related services
Section 8.3 Review
A Section 8.3 review asks council to reconsider its own determination, and it allows the application to be amended in the process.
Development Application (DA)
A Development Application is the merit-assessed approval pathway.
Modification (s4.55)
Once consent is granted, changes to the approved development are made by a Section 4.55 modification rather than a new application.
Why clients choose EHUP
- 10+
- 250+
- 14
- 1
Not sure which approval you need?
Tell us the address and what you want to do. We'll help identify the appropriate planning pathway, whether it is exempt development, complying development or a full DA. Your first conversation is free.