A request for information (RFI) is the letter a council assessment officer sends when the DA cannot be determined on what was lodged. It stops the assessment clock, sets a deadline (usually 14 to 28 days) and lists the items the officer needs, from missing drawings to a redesign of the first floor. The playbook is short: read the whole letter twice, sort the items into missing, wrong and disputed, get every consultant working in parallel, and respond once with a single cover letter that answers each item by number. Partial responses and arguments by email are the two habits that turn a four week RFI into a four month one.
Key takeaways
- Under the Environmental Planning and Assessment Regulation 2021 a council can request additional information after lodgement, and the assessment period is paused until the information is provided.
- If the applicant does not respond within the reasonable period the council sets, the council can determine the DA on the information it has, which usually means refusal.
- Most RFIs on residential DAs in Western Sydney come down to stormwater, BASIX consistency, privacy and overshadowing, tree and landscape detail, and DCP numerical compliance.
- One complete, numbered response is faster than several partial ones, because the officer reopens the file once instead of four times.
- Disputed items are answered with evidence and, where the point is a merit judgment, with a clear written justification rather than a refusal to engage.
What the RFI is, legally and practically
Once a DA is lodged through the NSW Planning Portal, council checks it for completeness. It can reject an incomplete application within the first days after lodgement. If the DA is accepted and the officer later needs more information, the Regulation allows a written request, and the days between the request and your response do not count towards the assessment period. The Department’s guide to lodging a DA puts it plainly: if council needs more information, the clock stops until you provide it.
Practically, the RFI tells you what the officer’s report will say if nothing changes. Read it that way. An RFI that asks for “amended plans that comply with the 6 m rear setback” is a draft reason for refusal. An RFI that asks for a “concept stormwater plan showing the point of discharge” is a gap in the lodgement. The two need different responses.
Step one: read it as a list, then as a whole
RFIs are written by topic (planning, engineering, landscape, environmental health) and often collated from several referrals. The first read is a line by line list so nothing is missed. The second read looks for the underlying issue. Three separate items about a first floor balcony, a rear setback and an upper level window are usually one issue: the officer thinks the rear elevation is too close to the neighbour. If you answer the three items separately without addressing the elevation, you’ll get a second RFI.
Step two: sort every item into one of three bins
| Bin | Example | Response |
|---|---|---|
| Missing | No survey, no shadow diagrams, BASIX certificate not lodged, landscape plan absent | Provide it. No argument, no delay. |
| Wrong | Site coverage calculated without the alfresco, FSR includes a garage the LEP excludes, driveway grade over 1 in 4 | Correct it and show the corrected calculation on the drawing. |
| Disputed | Council wants a 1.5 m side setback where the DCP says 0.9 m for single storey; officer considers the street character is single storey | Respond with evidence and a written merit case; amend only if the point is well made. |
Most RFIs on dual occupancies and knock-down rebuilds in Liverpool, Blacktown and Penrith are 70% missing and wrong, and those items are the quick wins. The disputed items decide whether the DA is approved, so they get the planner’s time.
Step three: brief the consultants on day one
The RFI deadline runs from the date of the letter, not from when the architect gets around to it. On day one we send each consultant only their items, with the deadline two or three days ahead of council’s, and one rule: the amended architectural set is the master. Every other drawing (stormwater, landscape, BASIX, survey overlay) is updated from the same revision. The RFIs we see bounce back are the ones where the stormwater plan shows a driveway on the left and the amended house plans moved it to the right.
The recurring engineering items on residential DAs in Western Sydney are on-site detention, the legal point of discharge and overland flow paths, which are the domain of a civil engineer such as our sister firm Contrive Consultants. A one page concept from the engineer at DA stage usually prevents the RFI altogether.
Step four: write one response, numbered
The response is a cover letter that repeats each RFI item verbatim, gives the answer beneath it, and names the drawing number and revision where the change can be seen. Then the attachments, each one labelled to match. Short answers where the item is missing or wrong. Full answers where the item is disputed, with the control quoted, the objective of the control quoted, and the reason the design meets the objective. A revised Statement of Environmental Effects is only needed when the design has changed enough that the original SEE no longer describes it; more often a short addendum does the job.
Some things we don’t do: respond by email in pieces as each consultant finishes; argue with the officer over the phone and then not confirm in writing; upload amended plans to the Portal without a cover letter explaining what changed. Each of those creates a second round.
Handling the disputed item
Where the officer’s position is a merit judgment, the response has three parts. First, agree on the facts: the measurement, the control, the objective. Second, show the evidence: shadow diagrams at the winter solstice, a sight line section for privacy, photographs of the streetscape, a survey overlay. Third, make the planning case in the language of the DCP’s objectives, and where it helps, offer a condition. “The applicant would accept a condition requiring the upper level window to have a sill height of 1.6 m” often resolves an item that argument would not.
If the officer’s request would fundamentally change the project, for example deleting a dwelling, weigh the options with the client early. Amending to a project the client doesn’t want, withdrawing and redesigning, or letting the DA be determined and appealing to the Land and Environment Court are all legitimate paths, and the right one depends on the strength of the merit case and the value of the extra dwelling.
Managing the deadline
If the response can’t be finished in time, ask for an extension in writing before the deadline, say what’s outstanding and give a date. Officers grant reasonable extensions routinely; they refuse them when the deadline has already passed. If council receives nothing, it can determine the DA on what it has, and the Department’s expectations on assessment timeframes mean officers are under pressure to close out stale files rather than leave them open. A DA determined by refusal for want of information is a worse outcome than a withdrawal, because the refusal sits on the property file and has to be explained in the next application.
Frequently asked questions
How long do I have to respond to a council RFI in NSW?
The letter sets the period, commonly 14 to 28 days depending on the council and the complexity of the items. Extensions are usually granted if requested in writing before the deadline with a clear date for the response.
Does a request for information stop the DA clock?
Yes. The assessment period is paused from the date council requests additional information until the date the information is provided. Deemed refusal timeframes and council performance timeframes both exclude that period.
What happens if I don’t respond to an RFI?
Council can determine the DA on the information it holds, which usually means refusal, or in some cases treat the application as withdrawn. A refusal stays on the record, so a considered withdrawal is often the better option if the project needs rethinking.
Do I need a new Statement of Environmental Effects after an RFI?
Only if the design has changed materially. For most RFI responses a short SEE addendum covering the amendments, together with the numbered response letter, is enough and is faster for the officer to read.
Responding to RFIs is a core part of our DA modification and RFI response service, and a well-prepared Statement of Environmental Effects at lodgement is the best way to avoid one. If you’ve received a request from Liverpool, Blacktown or any other NSW council and want it handled in one round, send us the letter and the plans, or request a fee proposal.