Determination

From 1 January 2021, 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 consider a further request to CN for a Review of Determination under Section 8.2 of the Environmental Planning and Assessment Act.

A Review under Section 8.2 needs to be requested from and determined by CN 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 8.2 Review allows the application to be amended, as long as the development remains substantially the same as the original application.

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. Depending on the timing of the lodgement of a Section 8.2 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 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.