Ref: Practice Direction No. 23 (effective 2 February 2004)

(Previously the Court's practice for 'Consent Orders' was contained in Practice Direction 1993 (effective 1 November 1993), amended by Practice Direction 1996 (effective 29 January 1996), and further amended by Practice Direction 1998 (effective 1 February 1998).


(a) Subject to paragraph (b) where parties to proceedings have agreed as to the terms of the orders they wish the Court to make and have reduced those terms to writing they may file such consent orders with the Registrar at any time during normal Registry hours who may thereafter list the matter before a Commissioner.

(b) When there is agreement prior to the commencement of hearing or after mediation, in planning and building appeals, the Court will usually expect a consent authority to give effect to the agreement by itself granting consent or approval.

However, any application for consent orders in all such matters will be listed before a Commissioner for approval. The parties will be required to present such evidence as is necessary to allow a Commissioner to determine whether it is appropriate to grant the consent or approval having regard to the whole of the relevant circumstances, including the proposed conditions. The consent authority will be required to demonstrate that relevant statutory provisions have been complied with and that any objection by any person has been properly taken into account.

Additionally, the consent authority will be required to demonstrate that it has notified all persons who objected to the proposal of the following:

(i) the content of the proposed orders;

(ii) the date of the hearing by the Court to consider making the proposed consent orders; and

(iii) the opportunity for any such person to seek leave of the Court to be heard pursuant to section 38(2) of the Land and Environment Court Act 1979,
or that in the circumstances of the case notification is not necessary;

(c) Where a party or parties seek a declaration of the Court, by consent of the parties, that declaration may only be made by a Judge of the Court, and such orders must be listed before a Judge before being issued by the Registrar.