What Is a Section 8.2 Review and How Do I Apply?

If your development application has been refused by council, you are not out of options.

In NSW planning, a Section 8.2 Review gives you the chance to have the decision looked at again without going to court.

This article explains how it works and when to use it.

You Can Ask Council to Reassess a Refusal Using Section 8.2

A Section 8.2 Review is a formal request under the Environmental Planning and Assessment Act 1979.

It allows you to ask the same council to review its earlier decision on your development application.

You can use it if your DA was refused or if you think the conditions of consent are too strict.

Town Planning Sydney helps clients through this process when DA approval is unfairly denied.

The review is usually handled by different council officers or an independent panel to avoid any conflict of interest.

You Have Six Months to Apply but Should Not Delay

You must apply for the Section 8.2 Review within six months of the original council decision.

That includes time to make small changes, prepare reports and respond to the refusal reasons.

Acting early improves your chances of success.

Town Planning Sydney helped a builder in Parramatta who was refused for a dual occupancy due to privacy and boundary setbacks.

By getting planning advice right away, the builder avoided having to lodge a whole new development application.

The Proposal Must Stay Almost the Same as the First One

A Section 8.2 Review only works if the project stays very close to what was first submitted.

You can adjust things to fix council’s concerns, but the main shape, size and use must not change.This is a strict rule under NSW planning law.

Town Planning Sydney helped a homeowner in the Northern Beaches whose new house was refused for being too bulky.

We made design changes to the roof and the front wall without changing the layout or use.That kept the review eligible and led to council approval.

You Must Respond to Every Reason for Refusal

When council refuses a DA, they issue a Statement of Reasons.This explains why the application did not meet the planning rules.

Your planning consultant will go through each reason and help you prepare a written response.

Sometimes this includes new plans, reports or diagrams to support your case.

Town Planning Sydney helped a developer in Campbelltown whose multi unit housing was refused for waste and shadow issues.

We updated the waste plan and added new shadow diagrams, backed by clear planning advice.The review was approved without going to court.

You Must Lodge Through the Planning Portal and Pay a Fee

A Section 8.2 Review is a new application that must be lodged online through the NSW Planning Portal.

You will need to pay a review fee, which is usually lower than the fee for a full development application.

Town Planning Sydney handles the portal upload and makes sure all plans, forms and payments are included.

If you lodge a Section 8.2 Review, your right to appeal in court is put on hold until the review is finished.

We help clients decide if a review or court appeal is the better option based on their planning goals.

For many people in NSW, a Section 8.2 Review is the best way to get council approval after a refusal.

With expert planning advice and strong documentation, it often leads to a better result without the cost of legal action.

Town Planning Sydney works with homeowners, builders and developers to guide their development application through the review process with confidence.