The Land and Environment Court has jurisdiction to hear and finalise proceedings under:
s 8.7 of the
Environmental Planning and Assessment Act 1979 (the Planning Act) in relation to development applications and
s 8.9 of the Planning Act in relation to applications to modify a development consent for different kinds of development.
Class 1 that arise under these sections of the Planning Act are referred to by the Court as development appeals. A development appeal can be made to the court when:
a development application, or an application to modify development consent has been made by the applicant to a consent authority
that consent authority has made a determination about the application, or is taken to have refused an application and
the applicant is dissatisfied with the consent authority’s determination there is a right of appeal under
s 8.7 or
s 8.9 of the Planning Act (also see
Who can make a development appeal?).
The Court also has jurisdiction to hear and dispose of appeals under
s 8.8 of the Planning Act by objectors who are dissatisfied by a consent authority’s determination to grant consent to a development application for designated development. These appeals are referred to by the Court as objector appeals.
An objector appeal can only be made to the Court when (inclusively):
the development application, or an application to modify development consents, has been made to a consent authority
the proposed development is a designated development, that is (according to
s 4.10 of the Planning Act), it is declared to be designated development by an environmental planning instrument or the regulations (
cl 4, Sch 3 of the
Environmental Planning and Assessment Regulations 2000 (the Planning Regulations)); a designated development is typically a development that is likely to have a significant impact on the environment, such as a mine, a quarry, a marina or an abattoir
the objector made a submission objecting to the development application during the submission period (also see
Who can make a development appeal?)
the consent authority has given consent to the application and the objector is dissatisfied with the consent authority’s determination.