Determination

You will be sent a formal Notice of Determination advising whether your development application has been approved or refused.

Notices of Determination consenting to development are also published monthly in The Newcastle Herald and published on Council’s web site.
 

My Development Consent was refused – what can I do?

If your Development Application is refused, you may consider a further request to Council for a Review of Determination under Section 82A of the Environmental Planning and Assessment Act.

A Review under Section 82A needs to be requested from and determined by Council within six months of the refusal date or before an appeal against the determination is disposed of by the Land and Environment Court.A Section 82A Review allows the application to be amended, as long as the development remains substantially the same as the original application.

Council may need to notify your neighbours and/or advertise a Section 82A Review request. It may also be necessary to refer a Section 82A Review request to the elected body of Council for determination of the request. Depending on the timing of the lodgement of a Section 82A Review request and the processes that are relevant to the particular request, the period allowed for determination of the request may expire before such a determination can be made.

Fees apply for the request as well as any notification and/or advertising. The lodgement fees for these requests can be confirmed by contacting Council.
 

Can I appeal to someone other than Council?

Should an applicant be dissatisfied with Councils' determination of an application you can lodge an Appeal to the Land and Environment Court. The applicant has six months from the date of determination to lodge an appeal to the Land and Environment Court.