Report of the Land and Environment Court Working Party - September 2001 Select Download to print a copy of the Report of the Land & Environment Court Working Party in PDF version   Part One Part Two Part Three Part Four     To view a PDF document, you will need a copy of Adobe Acrobat on your computer. If you do not have a copy of Adobe Acrobat, you can download a copy for free from the Adobe site. Table of Contents Terms of Reference Participants The Working Party The Reference Group Executive Summary List of Recommendations 1. Introduction 1.1 Background 1.2 Public consultation 1.3 Scope of inquiry 1.4 Consensus 1.5 Developments during the course of the inquiry 1.5.1 PlanFIRST 1.5.2 Review of SEPP 1: Development standards 1.5.3 Land and Environment Court On-Line 2. The Current System 2.1 The existing planning framework: a brief summary 2.1.1 Overview 2.1.2 Plan-making 2.1.3 Development assessment Pre-lodgement discussions Submission of a development application Public notification of the application Assessment of the application Determination of the application Appeal to the Land and Environment Court Role of the Land and Environment Court Modification of consent 2.2 Common misconceptions and the need for education 2.2.1 Extent to which development applications may be amended on appeal 2.2.2 Perception of bias 2.2.3 Site visits 2.2.4 “Stop the clock” provisions of the Environmental Planning and Assessment Regulation 2000 2.2.5 Misleading representations 3. Pre-Lodgement Processes 3.1 Introduction 3.2 Provision of information by local councils 3.3 Discussions 3.4 Alternative dispute resolution 4. Council Processes 4.1 Introduction 4.2 “Inappropriate political decision-making” 4.3 Delays in the assessment process 4.3.1 Duration of the assessment periods 4.3.2 Stopping the clock 4.3.3 Integrated development 4.4 Training of local councillors 4.5 Delegation of the power to determine development applications 4.6 Modification of consents granted by the Court 4.7 Alternative dispute resolution 4.7.1 Independent Hearing and Assessment Panel 4.7.2 Facilitation Committee 4.7.3 Conclusion 4.8 Councils’ power to review their determinations 5. Appeals to the Court 5.1 Introduction 5.2 How planning appeals are currently decided 5.3 Who has the right to a merit appeal? 5.4 Criteria for the assessment of development applications 5.5 Third party rights of appeal 5.6 Time limits for lodgement of appeals 6 Options for Review of Council Decisions 6.1 Introduction 6.2 The difference between merits and judicial review 6.3 The historical context 6.4 Options for reform 6.4.1 Should full merits review continue? 6.4.2 Full merits review, but not by the Court 6.4.3 Less than full merits review Restricting the parties’ ability to raise new issues The Council of the City of Sydney’s model 6.4.4 Conclusion 6.5 Appeals from determinations of the Central Sydney Planning Committee 7. Composition of the Court 7.1 Judges and Commissioners 7.1.1 Introduction 7.1.2 Qualifications or expertise of commissioners 7.1.3 Local government representation 7.1.4 Use of panels 7.1.5 Part-time commissioners 7.1.6 Judges or commissioners? 8. Court Processes 8.1 Appeals to the Court 8.2 Compulsory “paper appeals” 8.3 Cross-examination 8.4 Use of experts 8.5 Order of presentation 8.6 Formality of proceedings 8.7 Case names 8.8 Role of the legal profession 8.9 Identifying minor matters 8.9.1 Dealing with minor matters 8.10 Major matters 8.11 Development applications amended on appeal 8.12 What law applies to the determination of a development application? 8.13 Conditions of consent 8.14 Stamping plans 8.15 Delivery of reasons for decision 9. Powers of the Court 9.1 Mediation by the Court 9.2 Perceived overuse of SEPPs 9.3 Attitude to council policies 9.4 Costs orders 9.4.1 Circumstances where consideration should be given to awarding costs Raising unmeritorious issues Failure to place relevant material before the council Failing to provide timely responses to integrated development applications Inappropriate political decision-making by councils Unmeritorious SEPP 1 applications Councils seeking in bad faith to have matters returned under section 82A Repeated appeals to the Court Other matters Recommendations of Independent Hearing and Assessment Panels Defending conditions 9.5 Consent orders 9.6 Ancillary orders Appendix A: Using the “Clock” for Development Applications Appendix B: Organisations Involved in Alternative Dispute Resolution Australian Commercial Disputes Centre Background Services offered Procedure Costs The Role of ACDC in development applications Community Justice Centres Community Justice Centres Act 1983 The Role of the CJC in development applications Appendix C: IHAP Flow Chart Appendix D: Summary of Key Submissions Appendix E: Written Submissions and Advice Received by the Working Party Breakdown of submissions by type of author* Submissions received Advice in response to specific matters raised by the Working Party

---

Copyright & Disclaimer | Webmaster

---

The information contained on this page is not legal advice. If you have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in , or affected by, the laws of New South Wales, Australia only.