My DA was refused

In many cases the Environmental Planning and Assessment Act 1979 (NSW) allows an applicant to ask the consent authority to review its own determination (commonly called a section 8.2 review), which can be quicker and less formal than a Land and Environment Court appeal. A review is not available for every application, and some applications are not eligible for a review at all. Where the determination was made by a local planning panel or a Sydney district or regional planning panel, a review is generally conducted by that panel rather than by council staff. Since 21 March 2026, an applicant whose application was determined by council staff can ask for the review to be conducted by the council's local planning panel, if it has one. Since that date an applicant generally has six months to request a review, and there is no fixed period within which the review must be decided. Requesting a review affects the appeal right: an appeal cannot be commenced while the review is underway, and the six-month appeal period is paused until the review ends. Because eligibility and timing depend on the type of determination and when it was made, the position should be checked before any date passes.

A section 34 conciliation conference is a structured, without-prejudice meeting under the Land and Environment Court Act 1979 (NSW) in which the parties, with a Commissioner, try to reach agreement on a Class 1 appeal, often after amended plans or further information have been provided. If agreement is reached the Commissioner can dispose of the appeal by granting consent, and if it is not, the matter generally proceeds to a hearing. Many DA refusal appeals are resolved at this stage, but whether agreement is possible depends on the grounds of refusal and the evidence.

The cost of a Class 1 merits appeal in the Land and Environment Court varies widely and usually includes a Court filing fee, your lawyers' fees and the cost of expert evidence such as planning, urban design, heritage or traffic reports. The scale and number of experts, whether the appeal settles at a section 34 conciliation conference or runs to a contested hearing, and the complexity of the grounds of refusal all affect the overall cost. In Class 1 proceedings each party generally bears its own costs, though there are exceptions, so the likely cost is usually best understood through an estimate tailored to the particular matter.

Both options can be available after a refusal, and which is more appropriate depends on the grounds of refusal, the scope of changes needed and the relevant time limits. Lodging a fresh or amended development application may suit cases where the proposal can be substantially redesigned, while a Land and Environment Court appeal (often involving amended plans and conciliation) may suit cases where the planning merit is sound but the council was not satisfied. The applicant appeal period is six months after the determination is notified or registered on the NSW Planning Portal. Since 21 March 2026 an appeal cannot be lodged while a Division 8.2 review is under way, and the time the review takes does not count towards the six months, so a review can be sought without giving up the appeal option; the practical effect of each pathway on timing still depends on the facts and should be confirmed early.