Planning and development law
When a development application is refused, delayed or burdened with conditions, the right next step is rarely obvious. We help clients weigh appeal prospects, evidence needs, negotiation options and Land and Environment Court strategy while every option is still open.
- Jurisdiction
- New South Wales
- Last reviewed
- 1 May 2026
- Reading time
- 2 min
New South Wales
How land is developed across New South Wales.
On this page
How we help
- Development application refusals and appeals
- Deemed refusals and stalled assessments
- Conditions of consent and modifications
- Land and Environment Court Class 1 appeals
- Conciliation and negotiation with councils
- Zoning, permissibility and approval pathways
- Planning due diligence before purchase or development
The planning system in New South Wales determines what can be built, where, and on what conditions. When a proposal meets resistance, whether a refusal, a deemed refusal, conditions that undermine the project or a dispute with council, the path forward depends on the reasons given, the evidence available and the time limits that apply.
Development application refusals
A refusal sets out why the consent authority was not satisfied. Those reasons frame everything that follows. Some grounds are answerable with amended plans or further evidence; others go to fundamental planning merit. Most refusals can be challenged through a merits appeal in the Land and Environment Court, where the Court considers the application afresh.
The earlier the strategy is settled, the more options remain open: amended plans, further expert evidence and conciliation among them.
Deemed refusals and delay
Where a council does not determine an application within the statutory assessment period, the application may be treated as a deemed refusal. That can open a right of appeal even though no formal decision has been made. An appeal need not be adversarial; often it simply brings structure, and a timetable, to an assessment that has stalled.
Conditions and modifications
An approval is only as good as its conditions. We advise on conditions that are unreasonable, uncertain or commercially unworkable, and on modifications to existing consents.
The Land and Environment Court
Class 1 proceedings may resolve by agreement, conciliation or determination. The appropriate course depends on the decision, the issues in dispute, the evidence and the available procedural options.
Appeal periods are strict. Identifying the relevant time limit early keeps your options open.
Related reading
- Council refused my DA Land and Environment Court planning appeals in regional NSW How Land and Environment Court development appeals from regional NSW work: the appeal right, Class 1 procedure, local evidence, panels and costs.
- Planning due diligence Share or asset sale? Planning and environmental due diligence in NSW How NSW consents, environment protection licences, contamination duties, water licences and Commonwealth EPBC approvals carry through a share or asset sale.
- Approval for a project State significant development in NSW: declaration, assessment and review How NSW State significant development is declared, when the Independent Planning Commission is the consent authority, and how assessment and review work.
This page is general information only and is not legal advice. It may not be current, and how the law applies depends on the specific facts. For advice on your situation, contact Stone & Pillar Legal.
Where to start
Facing a DA refusal, conditions or a planning dispute?
A preliminary review can identify the decision, the material available, any stated date and the questions requiring legal or expert assessment.
No charge · Not legal advice
A preliminary call is a short conversation to check whether we can help, at no charge, and not legal advice. Please don't send confidential or time-sensitive material until we confirm in writing that we can act.