If an applicant for a development application is not satisfied with a determination (such as refusal or the imposition of a condition), the applicant can request a review of the decision.
This is known as a Division 8.2 Review (or an ‘internal review’) under the Environmental Planning and Assessment Act 1979 (EP&A Act). These reviews are an important part of the planning system. However, they are not available for all categories of development.
Under the EP&A Act, applicants can request an internal review of a decision about integrated development, if the relevant agencies are involved in the review. Integrated development applications are those that require a permit or licence from a NSW Government agency as well as development consent from the department.
State significant development
Applicants can also seek a review on decisions about state significant development. However, these reviews are restricted to decisions determined by departmental staff below the level of the secretary under delegation. This review will not be available for decisions by the minister, secretary or Independent Planning Commission. The courts would review these decisions.
Refer to the state significant development page for more information about appeals for such development.