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Appeal information sheet: DEVELOPMENT APPLICATIONS
Purpose
This information is provided to assist those considering commencing proceedings for the refusal or non-determination (after 40 days) of a Development Application, or for the imposition of a set of conditions on an approval, by a consent authority (typically a local Council). An appeal of this nature is heard in Class 1 of the Court's jurisdiction.
How do I appeal my application?
Before commencing proceedings, you should:
- Check that the time to appeal has not expired;
- Read this information to ensure you better understand the appeal process. A document produced by the Court entitled 'Frequently Asked Questions about the Court process', may also be of assistance; and
- Consider obtaining your own independent legal advice. The Court's registry has produced a referral guide for persons wishing to obtain legal advice and assistance;
Once you have decided to commence proceedings, you will need to send to the Land and Environment Court, or produce in person at Level 4, 225 Macquarie Street, Sydney the following items:
- 3 copies (original + 2 photocopies) of the completed Application Classes 1, 2, 3 (Form B);
- 3 copies (original + 2 photocopies) of the original application form submitted to the consent authority ;
- 3 copies of plans submitted to the consent authority with your application;
- 3 copies (photocopies will suffice) of the consent authority's Notice of Determination (not required if matter is a deemed refusal)
- A filing fee – consult the Court's fees schedule (reference items 1 or 2). The filing fee may be paid by cash, eftpos or cheque (payable to 'The Land and Environment Court of NSW').
How do I serve my appeal?
Once you have had your appeal paperwork processed by the Court's registry, you must serve a copy of the sealed documents returned to you by the Court upon the consent authority before the close of business on the date indicated in the left hand margin of the Application Class 1,2,3 form. The other copy is for your own records.
How is my appeal listed for hearing?
Upon filing of the appeal with the Court, the matter will normally be allocated a ‘return date’ before the Court. This first return date will be a callover that may take one of the following forms:
1. Actual or in-person callover; or
2. Telephone callover;
It is for the parties to decide what callover option best suits their conveniences. If there is a dispute involving the callover options, then the Court will fix the matter according to geographical considerations. Prior to callover taking place, parties should familiarise themselves with the Court's current practice notes.
In general, the initial Court allocations for callover are as follows:
- For Sydney and Metropolitan appeals, the appeal will normally be listed in the first instance for an actual or in-person callover held at 225 Macquarie Street, Sydney (date and time indicated on the Application Class 1,2,3 form).
- For Country (ex-Sydney) matters, the appeal will normally be listed in the first instance for a telephone callover (date and time indicated on the Application Class 1,2,3 form) involving a 3-way conference call. Please read the information sheet Telephone callover for important information on the procedures for telephone callover.
Note: Once the initial callover date has been fixed, the parties may seek to utilise the eCallover facility within the Land and Environment's Court's eCourt system for further callover appearances. You should discuss this option with the other party in the dispute, or their representatives.
Where does the actual hearing of my appeal take place?
Hearings will normally commence on-site at 9.30am before a Commissioner of the Court. If the matter is not dealt with at the site, the hearing may be adjourned to Court at 225 Macquarie Street, Sydney. For those disputes involving land in areas outside of Sydney, the hearing may adjourn to a courthouse in the local region (subject to availability). The venue for any hearing is normally confirmed in writing by the Court following the fixing of the hearing date.
Useful links
- A useful publication entitled 'A Practitioner's Guide' published by the NSW Young Lawyers may assist in the understanding of Court practices and procedures.
(This document is in Portable Document Format, or PDF. To view a PDF document, you will need a copy of Adobe Acrobat on your computer. You can download a copy for free from the Adobe website)
- Frequently Asked Questions (FAQs) - the Court's registry has compiled a number of FAQ documents to assist those persons seeking general information on specific aspects of Court practice and procedure.
- Contact the Court registry by telephone, facsimile or email.
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