Answer first: A request for additional information (RFI) is council asking, through the NSW Planning Portal, for material it needs to properly assess your DA. If council asks within 25 days of lodgement, the assessment clock stops until you respond or tell council you won't. Answer fully, on time and in one package, and you avoid refusal or long delays.
By: giantA Pty Ltd · Updated 30 October 2026
Most NSW development applications get at least one RFI. Some are a two-line request for a missing elevation. Others ask for a new consultant report, a redesign of the rear setback or a revised stormwater concept. How you handle that letter often decides whether the DA is approved in weeks or drags on for months. This guide explains what the Environmental Planning and Assessment Regulation 2021 (EP&A Regulation) says about RFIs, how the "stop the clock" rules work, when an amendment resets the clock, what deemed refusal means, and how we prepare a response that council can actually close out.
What is a request for additional information on a NSW DA?
Section 36 of the EP&A Regulation allows a consent authority (usually your local council) to ask the applicant for additional information about a development application. The Regulation defines additional information as information the consent authority considers necessary to properly consider the application. In practice it usually covers:
- missing or unclear drawings, such as sections, shadow diagrams or a site analysis plan;
- a consultant report council says is required, for example traffic, arborist, acoustic or flood;
- a fuller response to a planning control in the Statement of Environmental Effects (SEE);
- written justification for a departure from a development standard; and
- design changes requested to address non-compliance or neighbour objections.
There is one important limit. Section 36 says council cannot request information about building work or subdivision work that is required to be provided for a construction certificate or subdivision works certificate. Construction-level detail belongs at the construction certificate stage, not the DA.
How must council make an RFI?
Under section 36, the request must be made through the NSW Planning Portal. It must specify a reasonable period within which the information is to be provided, state the number of days of the assessment period that have already elapsed, and tell you that the assessment period stops running while the request is outstanding. The Planning Portal sends you a system-generated email when a request is made.
Councils set their own response period, and there is no single statewide number, so read the date in the request itself. If you need more time, ask the assessment officer for an extension in writing before the deadline passes.
How does "stop the clock" work under the 25-day rule?
Most local DAs have an assessment period of 40 days under section 91 of the Regulation. Under section 24, a DA is lodged on the day the fees are paid (or, if no fee applies, the day it was submitted on the Portal), and the assessment period generally runs from lodgement.
Section 94 says the assessment period ceases to run from the day council makes a section 36 request until the day the information is provided, or the day you notify council that you will not provide it. That pause only applies if the request is made within 25 days after the DA was lodged. A request made later still has to be answered, but it does not stop the clock.
| Event | Regulation provision | Effect on the assessment clock |
|---|---|---|
| DA submitted on the Portal and fees paid | s24 | DA is lodged; assessment period begins |
| Council rejects an incomplete DA within 14 days | s39 | DA is taken never to have been made (unless changed on review) |
| RFI issued within 25 days of lodgement | s36, s94 | Clock stops from the day of the request |
| RFI issued after day 25 | s94 | Information still requested, but the clock keeps running |
| You provide the information, or tell council you won't | s36, s94 | Clock starts running again |
| Response period ends with nothing provided | s36 | You are taken to have notified council you won't provide it |
| Council treats an amendment as not minor and notifies you | s38 | DA is taken to be lodged on the amendment day, so the period restarts |
| Period passes without a determination | s91; EP&A Act s8.11 | Deemed refusal for appeal purposes |
A simple worked example: council issues an RFI on day 18. The clock sits at 18 days while you prepare the response. If you upload everything 16 calendar days later, the clock resumes at day 18, not day 34. The days you spend preparing the response do not count against council's assessment period.
The NSW Department of Planning's DA guide notes that most councils determine straightforward and complete applications in 40 days or less. Every RFI adds your response time on top, so a complete lodgement is still the fastest path.
What is the difference between an RFI and a rejected DA?
An RFI happens during assessment. Rejection happens at the front door. Under section 39, council may reject a DA within 14 days after receiving it if, among other grounds:
- it is illegible or unclear about the development consent sought;
- it does not contain the information and documents required by the approved form, the Act or the Regulation;
- for integrated development, it does not identify all approvals required under section 4.46 of the EP&A Act; or
- a required biodiversity development assessment report is missing.
A rejected DA is taken never to have been made, unless the decision is changed on review. That means relodging and waiting in the queue again. Our DA checklist covers what usually triggers rejection.
Can you amend the DA instead of just answering the RFI?
Yes. Section 37 lets the applicant apply to amend a DA at any time before it is determined, through the Planning Portal. Many RFIs effectively ask for amended plans, so this is common. The amendment application must:
- describe the changes, including the name, number and date of every plan that has changed, so council can compare the new scheme with the original;
- include any new or amended documents (for example an updated SEE or consultant report); and
- include a new BASIX certificate if the change means the development differs materially from the description in the original BASIX certificate.
Watch the clock consequence. Under section 38, if council considers the amendment is not minor and notifies you, the DA is taken to have been lodged on the day you applied for the amendment. The assessment period starts again from zero, and council may need to re-notify neighbours under its community participation plan. A tidy revision issued with clear clouding and a revision table is far more likely to be treated as minor than a full redesign.
Amendments before determination are different from modifications after consent. Once the DA is approved, changes go through a section 4.55 modification.
What happens if you don't respond, or say no?
Section 36 allows you to notify council through the Portal that you will not provide the information. If the response period (or any further period council allows) ends without the information, you are taken to have given that notice. Either way, the clock starts again and council assesses what it has.
That is rarely a good outcome. Council must still weigh the matters in section 4.15 of the EP&A Act, including the likely impacts of the development and the suitability of the site. If the missing item goes to one of those matters, refusal is the likely result. Saying no only makes sense when the request is genuinely outside what the DA needs, such as construction certificate detail, and even then it is better to explain why in writing.
What is deemed refusal and when can you appeal?
Section 91 of the Regulation sets the assessment periods. They are 40 days for most DAs, 60 days for certain categories (the Regulation lists designated development, integrated development, development requiring concurrence, and some DAs with a biodiversity development assessment report proposing reduced credits), and 90 days for State significant development. Days are calendar days, and RFI pauses are excluded.
If council has not determined the DA by the end of the period, it is taken to have refused it for the purposes of the EP&A Act appeal rights (deemed refusal). This gives the applicant a right to appeal to the NSW Land and Environment Court. A deemed refusal appeal is a strategic legal step with cost and timing implications, so take legal and planning advice before relying on it.
The referral framework for State agencies changed on 1 July 2026, when the Development Coordination Authority (DCA) began handling most integrated development, concurrence and consultation inputs as "referrals". Confirm the current wording of section 91 for your application type before counting days.
Do State agency referrals have their own clock?
Yes. Under the DCA framework that started on 1 July 2026, DCA and other referral authorities have 28 calendar days to respond to referrals. According to the DCA's guidance for applicants, the period starts when council refers the application through the Portal and any referral fees are paid, it pauses if additional information is requested, and it resets if the application is re-referred. Council remains your main point of contact, so agency information requests usually come to you through council. Read more in our guide to the NSW Development Coordination Authority.
How do you respond to an RFI on the NSW Planning Portal?
The Planning Portal's applicant guide sets out the steps:
- Log in and open the DA that needs a response.
- Read council's comments on the Additional information summary tab. Any attachment council provided is in the Documents tab.
- Click Respond, add your response comments, attach your files and select a category for each file.
- Click Submit. Council receives a system-generated email.
The guide warns not to use the general "Provide Additional Information" action in the Actions menu to answer a council-initiated request. That creates a new request rather than resolving the outstanding one, which can leave the clock stopped longer than you think.
How do you write an RFI response council can close out?
An assessment officer wants to tick off each item quickly. Make that easy:
- Read the whole letter first and call the officer. Clarify vague items, confirm what "satisfactory" looks like and agree the deadline. Note the call in your response.
- Build a response matrix. List every numbered council item with your response, the document that addresses it and its revision. Upload it as the first document.
- Brief consultants immediately. New reports are usually the slowest part. Send each consultant the exact RFI wording and the current plans, and ask for a response letter if a full new report is not needed.
- Keep drawings and reports consistent. If the architect moves a wall, the shadow diagrams, landscape plan, stormwater concept and BASIX certificate may all need to follow. Inconsistencies trigger a second RFI.
- Cloud and list every change. Use revision clouds, a revision letter and a drawing register with name, number and date, which section 37 requires for amendments anyway.
- Update the SEE where needed. An addendum to the Statement of Environmental Effects is often clearer than rewriting it.
- Submit one complete package. Partial uploads restart the clock while leaving council without enough to assess, which often leads to another request.
Which RFI items come up most often?
In our experience on Greater Sydney residential DAs, these items come up again and again. Each links to the report or document that usually answers it:
| Typical council comment | What usually resolves it |
|---|---|
| Site levels, boundaries or trees not shown accurately | A current detail and level survey |
| Impact on trees on site or next door | Arborist report and tree protection plan |
| Overshadowing of neighbours' private open space | Hourly shadow diagrams for the winter solstice |
| Height, FSR or setback exceeds a standard | Design change or a written clause 4.6 variation request |
| Landscaped area or deep soil short | Landscape plan with area calculations |
| Stormwater, flooding or site drainage unclear | Stormwater concept plan or flood report from an engineer |
| Site on bush fire prone land | Bush fire assessment report |
| Construction impacts on a tight street | Construction management plan |
Many of these can be raised before lodgement. A pre-DA meeting is often the cheapest way to find out which reports a particular council will expect.
How do you reduce the chance of an RFI in the first place?
- Check the council's DA lodgement requirements and the Portal's approved form before finalising documents.
- Get the survey early, so every consultant works from the same base.
- Write the SEE against every relevant LEP and DCP control, not just the headline ones.
- Address non-compliances openly with justification rather than hoping they are missed.
- Coordinate drawings and reports with one revision before lodgement.
- Talk to neighbours early on sensitive projects, since objections often turn into RFI items.
For the full process from concept to determination, see our NSW DA process guide.
Frequently asked questions
How long do I have to respond to a council RFI in NSW?
The EP&A Regulation does not fix one number. Section 36 requires council to specify a reasonable period in the request itself, made through the NSW Planning Portal. If you need longer, ask the assessment officer for an extension in writing before the deadline.
Does every RFI stop the assessment clock?
No. Under section 94 of the EP&A Regulation, the clock only stops if the request is made within 25 days after the DA was lodged. Later requests still need an answer, but the assessment period keeps running.
Can council ask for construction details at DA stage?
Section 36 says council cannot request information about building or subdivision work that is required to be provided for a construction certificate or subdivision works certificate. If a request seems to go that far, discuss it with the assessment officer.
Will amended plans restart my DA?
Only if council considers the amendment is not minor and notifies you through the Portal. Then, under section 38, the DA is taken to be lodged on the day you applied to amend it, and the assessment period starts again.
What happens if I ignore the RFI?
When the response period ends, you are taken to have told council you won't provide the information. Council then assesses the DA as it stands, and if the gap affects a section 4.15 matter, refusal is likely.
Is deemed refusal the same as council refusing my DA?
No. Deemed refusal means the assessment period has passed without a decision, which opens appeal rights to the Land and Environment Court. Get legal and planning advice before appealing.
How giantA can help
giantA prepares and lodges DA documentation across Greater Sydney and NSW, and we manage RFI responses end to end: reading the letter, speaking with the assessment officer, briefing consultants, revising drawings and uploading one coordinated package. Explore our services and architectural services, use our DA and CDC checklist, or ask us about your RFI.
Preferred sources (verify current versions)
- NSW Legislation – Environmental Planning and Assessment Regulation 2021 (ss 24, 36–39, 91–94)
- NSW Legislation – Environmental Planning and Assessment Act 1979 (ss 4.15, 8.11)
- NSW Planning – Your guide to the DA process
- NSW Planning Portal – Local development (Online DA)
- NSW Planning Portal – How to submit a development application to council (applicant guide)
- NSW Planning – DCA new referrals framework (from 1 July 2026)