Class 1: Environmental planning and protection appeals
Proceedings in Class 1 involve merits review of administrative decisions of local or State government under various planning or environmental laws.
The court, in hearing and disposing of the appeal, sits in the place of the original decision-maker and re-exercises the administrative decision-making functions. The decision of the court is final and binding and becomes that of the original decision-maker.
In development appeals, the court decides whether to grant development consent to a development application and, if so, the conditions of the consent.
Class 1 appeals are usually heard by a commissioner of the court.
Practice and procedure
The practice and procedure governing Class 1 appeals is described in Practice Notes:
In 2019, Class 1 appeals were 68% of the court's finalised caseload.
69% of all Class 1 matters finalised were appeals under s 8.7 of the Environmental Planning and Assessment Act 1979 relating to development applications.
61% of the appeals under s 8.7 were applications where councils had not
determined the development application within the statutory time period (deemed refusals).
Of the remaining Class 1 matters finalised in 2019:
- 12% were applications to modify a development consent under s 9.8 of the Environmental Planning and Assessment Act
- 9% were appeals against council orders and the actual or deemed refusal
by councils to issue building certificates
- 10% were other matters, including applications for costs of proceedings, appeals against commissioners' decisions and appeals against pollution prevention or remediation notices.
In 2019, 74% of Class 1 appeals were finalised by alternative dispute resolution processes and negotiated settlement, without the need for a court hearing.
In 2019, 77% of Class 1 appeals were finalised within 12 months of commencement and 25% were finalised within 6 months of commencement. The median time for completion for all Class 1 appeals is 254 days.
Class 1 appeals represent approximately 68% of the Court's finalise caseload