Land and Environment Court - Minority Report


PART 3 - RECOMMENDATIONS FROM ASSOCIATIONS SUBMISSION NOT ADDRESSED BY THE WORKING PARTY’S REPORT


A number of recommendations from the Associations’ submission to the review of the Land and Environment Court have either not been addressed by the Working Party or, where they have been addressed, recommendations have not followed. These recommendations are listed below and outlined in further detail in the submission, attached as an appendix to this Minority Report.

• The issue of right of appeal to the Court where a council refuses a development application because it is inconsistent with the provisions of a LEP or DCP, relies on a SEPP 1 objection or is a “deemed refusal.”
• Judges and Commissioners should have experience in non-metropolitan planning and development issues.
• That the Court promotes the option of having appeals determined based on written submissions.
• That both the Working Party and Reference Group examine interstate and international examples of alternative systems to a Court based appeals process.
• That Judges and Commissioners should be prevented from expressing personal opinion, suggestions, design amendments or alterations during a hearing, other than in relation to conditions of development consent.
• The Court must be required to consider the cumulative impact of a proposed development on a community and the cumulative impact of its own decisions.
• That Commissioners and Judges be required to demonstrate that each of the matters for consideration as per section 79C of the Environmental Planning and Assessment Act 1979 have been specifically assessed in reaching their determination.
• That the time standard for the disposal of matters should be amended so that all class 1, 2 and 3 applications are disposed of in four months of filing and all class 4, 5 and 6 applications are disposed of within 6 months of filing.
• That the time standard for the handing down of reserved judgements be amended so that all judgements are handed down with 40 working days of the hearing.
• That the Pre-Hearing Practice Direction should be amended to provide the respondent with 40 working days to file their Statement of Issues.
• The Court realistically considers the implications of Terms of Settlements on all parties.
• Orders for prohibited or illegal uses should be attached to the premises/land so that any future operator will inherit the Order served.
• Councils should have the power to issue on the spot fines for breaches of Court Orders though the Self Enforcing Infringement Notice System.