Development appeals - How to start an appeal

1. Check the information

The applicant needs to check that he or she is making the right appeal and is doing so within the specified time limit.

2. Find the right form

A development appeal under s 8.7 or s 8.9 and an objector appeal under s 8.8 of the Planning Act are allocated to Class 1 of the Court’s jurisdiction (by s 17(d) of the Land and Environment Court Act). Either appeal is to be commenced by a Class 1 Application ( Form B version 2 (DOC , 71.0 KB)).

3. Attach the correct documents

For a development appeal, the application should attach:

• the development application or modification application,
• any documents which accompanied that application, including a statement of environmental effects or environmental impact statement
• any plans for the development accompanying the application — see Schedule A (DOC , 38.5 KB) to the Practice Note - Class 1 Development Appeals (PDF , 150.9 KB) (paragraphs 6 and 7 of the Practice Note)
• any determination by the consent authority of the development application or modification application.

3. Check the fee

A court filing fee must be paid to commence the appeal.   For a development appeal under s 8.7 of the Planning Act, the amount of the filing fee depends on:

• the value of development or building, and

• whether the person appealing is a natural person or a corporation. 

For a development appeal under s 8.9 and an objector appeal under s 8.8 of the Planning Act, the amount of the fee depends on whether the person is a natural person or a corporation.  The range of filing fees is specified in the Schedule of Court fees.

4. File the appeal

A development appeal can be commenced by:

• Lodging the Application online using the NSW Online Registry; or
• Filing three copies of the ​completed Class 1 Application and paying the Court’s filing fee at the Court’s registry on Level 4, 225 Macquarie Street, Sydney or by posting three copies of the completed application and the filing fee to the Court at GPO Box 3565, Sydney, NSW 2001. An objector appeal can be commenced by filing four copies as described; or
  
• Filing three copies of the completed Application and paying the filing fee at any Local Court in NSW. Local Courts throughout New South Wales act as agents for the Land and Environment Court. Applications can be filed and the filing fee paid at any Local Court registry. The Local Court registry staff will give a receipt for the payment of the filing fee and will forward the papers to the Land and Environment Court for processing.

The Court will process the application at the Court’s registry. The application will be recorded in the Court’s record system and stamped as having been filed with the Court. The date, time and place for the first directions hearing before the Court will be set and written by the Court’s staff on each of the copies of the application. The first directions hearing will usually be 28 days after the date of filing of the application.

The Court’s registry will keep one copy of the application for the Court’s file and return the other copies of the application to the applicant.   One of the returned copies is for the applicant to keep and the other copies need to be served on the consent authority and any other respondent.

5. Serve the application

For a development appeal, a stamped copy of the application needs to be served on the consent authority (which may be the local council or a State government Minister or authority) who is the respondent to the appeal, within 7 days of filing.   For an objector appeal, a stamped copy of the application needs to be served on the consent authority as well as the applicant for development consent who is another respondent to the appeal. The Court has prepared a guide for the service of documents for self-represented litigants (PDF , 68.3 KB). The guide explains what is meant by service of documents and how this is to be undertaken.

6. Respondent files notice of appearance

After the applicant serves the application, each respondent (consent authority and applicant for development consent where applicable) needs to acknowledge service and register its desire to take part in the proceedings.  This is known as filing a notice of appearance. Each respondent needs to complete and file with the Court, and serve on the applicant, a Notice of Appearance (DOC , 50.0 KB). If the applicant needs to prove service of the documents, the applicant may need to prepare an Affidavit of Service.