Residential development

A person may wish to construct a detached single dwelling or dual occupancy (including subdividing the two dwellings), or to alter or add to such a dwelling or dual occupancy.

The person may need to apply to the local council for development consent to carry out these types of residential development. If the local council refuses consent, or grants consent but on conditions with which the person is dissatisfied, the person may appeal to the Land and Environment Court. The appeal is made under s 8.7 or s 8.9 of the Environmental Planning and Assessment Act 1979. The appeal is allocated to Class 1 of the Court’s jurisdiction.

Appeals concerning these types of residential development are resolved through a special, streamlined process under s 34AA of the Land and Environment Court Act 1979. This process involves first, conciliation and if the parties cannot reach agreement, then a hearing before a commissioner of the Court. The aim is for the process to be concluded within three months.

More information

Find out more about how the Court deals with residential development appeals in Class 1: environmental planning and protection appeals - Residential Development Appeals. Follow the links to find out how residential development appeals are started, dealt with by the Court and finalised.

Need legal advice or information?

In NSW, there are a number of places where you can get specialised legal advice on the sorts of legal problems heard by the Land and Environment Court. Find out where to get legal advice and information.