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Development types covered here are:
The Court refers to these types of development as residential development. Appeals concerning residential development are dealt with by a particular process. This involves two steps: first, a conciliation between the parties and second, if the parties cannot resolve the matter by conciliation, a hearing and a decision by the Court.
The Court can also order proceedings in other classes to be dealt with in this way (see s 34AA(1)(b)).
The Court has published a formal document that sets out the process and requirements for residential development appeals. This is called the Practice Note - Class 1 Residential Development Appeals (PDF , 341.9 KB).
The Practice Note explains the steps that need to be taken before the directions hearing, at the directions hearing, before the conciliation conference and hearing, and at the conciliation conference and hearing.
The Court has also prepared an informal document called Questions and Answers – Class 1 Residential Development Appeals (PDF , 90.0 KB) which addresses frequently asked questions about the process of resolving residential development appeals.
The Land and Environment Court has jurisdiction to hear and finalise appeals against a consent authority’s determination about:
applications to modify development consents for different kinds of development (under s 8.9 of the Planning Act).
When the development referred to in the development application is for a residential development or other development mentioned in s 34AA of the Land and Environment Court Act 1979, the appeal is referred to by the Court as a residential development appeal.
A residential development appeal can be made to the Court when:
an applicant for a residential development application or an application to modify a development consent for development (check the applicant name on the original application to the consent authority; if the applicant name is different to the name of the person filing the appeal, the person may need to establish that the applicant was authorised to act on their behalf), and
dissatisfied with the determination of a consent authority with respect to the applicant’s residential development application or modification application (including a determination on a review under s 8.2 or s 8.9 of the Planning Act).
the date on which the applicant received notice of the determination of the application or review,
A development application is taken to have been determined (that is, it is deemed to have been refused) if:
the development application was lodged with the consent authority
a certain period of time has elapsed, and
there has been no determination.
For appeals concerning development applications under s 8.7 of the Planning Act, an application is deemed to have been refused (in s 8.11 of the Planning Act and cl 113 of the Environmental Planning and Assessment Regulation 2000) after:
40 days for ordinary development
60 days for designated development or integrated development
90 days for State significant development.
For appeals concerning modification of development consents under s 8.9 of the Planning Act, the deemed refusal period is generally 40 days after the application was made (according to s 4.55 and s 4.56 of the Planning Act and cl 122 of the Planning Regulations).
For links to useful Court information and documents, legislation and case studies relating to residential development appeals, see: Helpful materials.
08 May 2023
We acknowledge the traditional owners and custodians of the land on which we work and we pay respect to the Elders, past, present and future.