Section 8.3 Review Applications
A Section 8.3 review asks council to reconsider its own determination, and it allows the application to be amended in the process. It is usually faster and much cheaper than an appeal to the Land and Environment Court. Critically, it must be requested within a statutory period after determination - miss the window and the review route closes, leaving only appeal or a fresh application.
Free consultation
- Council review typically 6–10 weeks · deadline runs from determination
- From $3,200 + GST
- Quoted fixed after a free scope check
First, read the refusal properly
A refusal comes with an assessment report listing the reasons. Those reasons fall into two very different groups.
Fixable - insufficient information, a setback or height variation that was not properly justified, inadequate parking that scheduling can address, a report that was missing. These are the reasons a review exists for.
Fundamental - the use is not permissible in the zone, or the impact on neighbouring amenity cannot be designed out at the yield you need. No amount of review fixes those, and it is better to hear that immediately.
How it works
Refusal analysis
3–5 days
We read the assessment report and separate the fixable refusal reasons from the fundamental ones.
Route recommendation
2–3 days
Review, amended resubmission, or appeal - with the honest cost and probability picture for each.
Amended package
2–3 weeks
Revised plans and a planning case addressing every reason for refusal.
Review lodgement
6–10 weeks
Lodged within the statutory period and managed through determination.
What we take off your hands
What EHUP handles
- Assessing the reasons for refusal against what is actually fixable
- Advising honestly whether review, resubmission or appeal is the better route
- Amended plans and a revised planning case addressing each refusal reason
- The review application and its statutory requirements
- Council liaison through the review
What you don't have to deal with
- Missing the statutory deadline and losing the cheapest route
- Spending on a Court appeal where a review would have succeeded
Frequently asked questions
How long do I have to request a review?
There is a statutory period running from the date of determination, and it is short. Because the exact period depends on the application type and the legislation as it currently stands, the practical advice is to seek advice the week you receive the refusal rather than the month after. Losing the window removes your cheapest option.
Can I change the plans as part of a review?
Yes, and that is what makes the review route powerful. You can amend the application to address the reasons for refusal, provided the development remains substantially the same. A pure re-argument of the same proposal is much less likely to succeed.
Is a review better than a Land and Environment Court appeal?
Usually, where the refusal reasons are addressable. It is faster, far cheaper, and does not require legal representation. An appeal is the right route where the disagreement is about a genuine matter of planning judgement or interpretation that council will not move on.
Who reviews the decision?
The review is conducted by council, but not by the same officer who made the original determination. It is a genuine reconsideration rather than a rubber stamp.
Related services
DA Refused? Appeals
Most refusals are recoverable.
Development Application (DA)
A Development Application is the merit-assessed approval pathway.
Modification (s4.55)
Once consent is granted, changes to the approved development are made by a Section 4.55 modification rather than a new application.
Why clients choose EHUP
- 10+
- 250+
- 14
- 1
Not sure which approval you need?
Tell us the address and what you want to do. We'll help identify the appropriate planning pathway, whether it is exempt development, complying development or a full DA. Your first conversation is free.