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ARTICLE · 17 FEBRUARY 2026

Deemed Refusal After 40 Business Days: When To Pull The Merits Appeal Trigger?

PCL Lawyers
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Where a consent authority (Local Council) fails to determine a DA within the statutory assessment period in NSW, the DA may be treated as a deemed refusal.

AustraliaReal Estate and Construction
Tin Min
Tin Min
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Deemed Refusal - Class 1 (Land and Environment Court Proceedings) for merits appeal

Having a streamlined approval for your development is key to meeting your development plans and timeframe. If you are submitting a development approval, understanding the process is crucial. Deemed Refusal is a key to ensuring that there are limited delays in the approval process for homeowners, property developers, and builders navigating development approvals.

This short insight article focuses on 'Deemed Refusal' by Local Council and your legal rights to challenge the Council under section 8.17 of the Environmental Planning and Assessment Act 1979 (EPA Act) (NSW) at the Land and Environment Court of NSW (LE Court). The similar appeal processes apply under relevant environmental and planning legislations in different States and Territories of Australia, but this article is mainly intended for NSW jurisdiction. Merits-appeal, in effect, can expedite the development

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