Determination

All development applications and the majority of post consent certificates must be submitted through the NSW Planning Portal. Find out more about E-Planning with City of Newcastle (CN).

You will be sent a formal Notice of Determination advising whether your development application has been approved or refused. All correspondence, including Notice of Determination, stamped plans, etc. will be returned via the Planning Portal for Portal applications and by email for the permissible applications submitted directly to CN.

Notices of Determination consenting to development are published monthly on our Granted Development Consents page.

My Development Consent was refused – what can I do?

If your Development Application is refused, you may be able to request a "Review of Determination" under Section 8.2 of the Environmental Planning and Assessment Act, as long as your development is not for "designated" or "crown" development.

Any request for a review must be submitted on the NSW Planning Portal, no later than 28 days after the determination of the application or before an appeal against the determination is disposed of by the Land and Environment Court. A Section 8.2 Review allows the application to be amended, as long as the development remains substantially the same as the original application.

Once lodged with CN, Section 8.2 Review Applications are allocated an individual application number separate from the original Development Application Number, for example, RE2021/00001.

CN may need to notify your neighbours and/or advertise a Section 8.2 Review request. It may also be necessary to refer a Section 8.2 Review request to the elected body of Council for determination of the request.

Fees apply for the request, lodging on the Planning Portal and any notification and/or advertising. The lodgement fees for these requests can be confirmed by contacting CN on (02) 4974 2000.

Can I appeal to someone other than CN?

Should an applicant be dissatisfied with CN's 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.