D&B-A Request to Review a Determination

Use this form to apply for a review under the Environmental Planning and Assessment Act (the Act) of a determination made by the City of Newcastle (CN).

The review processes available are:

  1. Section 8.2 (1) (a) Review of a determination. CN must be satisfied that the development is substantially the same development described in the original application. You are advised that when you seek a review under Section 8.2 the whole determination is open for review. If you are dissatisfied with an element of a determination; such as a condition(s) of consent; it is recommended the most appropriate option is to lodge an application to modify the consent under the Act.
  2. Section 8.2 (1) (b) Review of a determination of an application for the modification of a development consent.
  3. Section 8.2 (1) (c) Review of the rejection of an application. These reviews must be made no later than 14 days after CN has issued its written notice advising the applicant of its decision to reject the application.

With the exception of an application to review the rejection of an application, Reviews:

  • Are not available for Complying Development, Designated Development and development by the Crown or,
  • Must be determined within 6 months of the date of determination of the original application.  It is recommended that an application be lodged as soon as possible to enable an assessment and determination within the required time frames. Update: The Act  has been amended to extend the period for appeals to be made, from 6 months to 12 months, where the decision being reviewed occurred between 25 March 2020 and 25 March 2022, or occurred during the 6 month period immediately before 25 March 2020.

Failure to complete all relevant sections or provide sufficient information/detail in your application may result in your application being returned or its assessment delayed.  All information must be legible and all payments must be made on lodgement of the application, otherwise your application will not be accepted.