Services
Reviews and Land and Environment Court appeals.
A refusal is not always the end. A section 8.2 review or an appeal can turn an outcome around, especially when the reasons for refusal are properly understood.
When you need it
- Your DA has been refused
- Council has not decided your application in time
- You disagree with conditions of consent
- A modification application has been refused
- Council has issued a notice of intention to refuse
What we deliver
- Review of the determination, assessment report and reasons
- Advice on review versus appeal
- Amended proposal strategy
- Section 8.2 review application
- Planning support for Court proceedings, working with your lawyers
- Preparation for section 34 conciliation conferences
Why EH Planning
Ethan has seen refusals written from the inside and has worked on Land and Environment Court matters. That perspective helps separate the reasons that can be resolved from the ones that cannot, and focus the response where it counts.
How it works
The process.
- 01
Diagnose
We read the refusal, the assessment report and submissions to separate fixable issues from fundamental ones.
- 02
Strategy
We recommend a review, an appeal or a fresh application, with amended plans where that helps.
- 03
Prepare
The review application or planning case is prepared to address each reason directly.
- 04
Resolve
We work towards agreement with council, or support your legal team through the Court process.
Questions
Frequently asked.
What is a section 8.2 review?
A request for council to review its own determination under Division 8.2 of the Environmental Planning and Assessment Act 1979. The review is carried out by a different officer or panel, and amended plans can be considered if the development remains substantially the same.
Is there a time limit?
Yes. Strict time limits apply to both reviews and appeals, generally running from when you were notified of the determination. Get advice early so your options are not lost.
What is a deemed refusal?
If council does not determine an application within the period set by the regulations, the applicant can treat it as refused and appeal to the Land and Environment Court.
Do I need a lawyer for an appeal?
Most Class 1 appeals in the Land and Environment Court involve a solicitor. We work alongside your legal team on the planning case, amended proposals and conciliation, and can recommend lawyers if needed.
What happens at a conciliation conference?
Under section 34 of the Land and Environment Court Act 1979, the parties meet with a commissioner to try to reach agreement, often on the basis of amended plans. Many appeals are resolved at this stage.
Free consultation
Tell us about your site.
A free 20 minute call by phone or video with Ethan. No obligation, no hard sell. You leave with a clear view of where you stand.
- The likely approval pathway for your proposal
- The main risks, and how to manage them
- A fixed fee proposal within 48 hours if you want to proceed