DA Support
Refused, stalled, or facing conditions you don’t understand? We help you find the best path forward.
When your DA needs help
A DA refusal or a difficult set of approval conditions doesn't necessarily mean the end of your project. With the right response, many refused DAs are ultimately approved — often with relatively minor design changes.
If your DA is refused
First, understand the reasons. Council must provide written reasons for refusal. We'll review these with you and identify which issues are design-related (fixable) and which are fundamental planning obstacles (harder to overcome).
Options to consider:
- Section 8.2 review — a re-assessment by a different council planner
- Redesign and resubmit — address the specific refusal grounds
- Deemed refusal appeal — if the DA has been with council beyond 42 days
- Land and Environment Court — a formal appeal with a Commissioner or Judge
Modifying an approval
When an approval comes with conditions that require design changes, or you want to vary an existing approval, a Section 4.55 modification application (Mod) is required. Types include:
- s4.55(1) — Minor error, misdescription or miscalculation
- s4.55(1A) — Minimal environmental impact changes
- s4.55(2) — Other modifications — the most common type
The development must remain substantially the same as originally approved. Significant changes require a new DA.
Lapsed approvals
In NSW a DA lapses if construction has not physically commenced within five years of consent. Physical commencement means substantial work — excavation or construction — not just minor preparation. If your approval has lapsed, a new DA is required. We can advise whether the original design is still approvable under current controls.
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