Residential development appeals: preparing for the first directions hearing

The Practice Note provides that normally there will only be one directions hearing before the residential development appeal proceeds to the conciliation conference and hearing (paragraph 20 of the Practice Note).  It is important, therefore, for parties to be well prepared for the directions hearing.

The Practice Note requires the parties to the appeal to take certain steps before the first directions hearing, as follows.

WHO

STEP

DESCRIPTION

RESPONDENT CONSENT AUTHORITY

FILE STATEMENT OF FACTS AND CONTENTIONS

The consent authority is to file in the Court and serve on the applicant a statement of facts and contentions.   The statement is to comply with the requirements in Schedule B of the Practice Note.   The Court has produced a worked example of a Statement of Facts and Contentions to provide assistance to consent authorities preparing the statement.   The statement of facts and contentions is to be filed and served by 4.00pm on the second last working day before the first directions hearing (paragraph 18 of the Practice Note).

 

RESPONDENT CONSENT AUTHORITY

PROVIDE ACCESS TO DOCUMENTS

The consent authority, within 7 days of receiving a request from the applicant, is to provide the applicant with access to the documents relevant to the residential development application and its decision (paragraph 17 of the Practice Note).

 

BOTH PARTIES

COMPLETE INFORMATION SHEET

The applicant and consent authority are to complete an information sheet in the form of Schedule D to the Practice Note.

 

BOTH PARTIES

DISCUSS AND AGREE ON DIRECTIONS

The applicant and consent authority are to discuss and agree upon the directions which the Court should make at the first directions hearing.   These directions should be based on the usual directions at the first directions hearing for residential development appeals in Schedule E to the Practice Note.   If the parties do not agree, each party should prepare their own version of the directions they propose (paragraph 32 of the Practice Note).

 

BOTH PARTIES

DISCUSS AND AGREE ON TIME AND VENUE NEEDED FOR CONCILIATION

The applicant and consent authority should discuss and agree on an estimate of the time needed for the conciliation conference and hearing and whether the site of the residential development is a suitable venue for the conciliation conference and hearing (paragraphs 36 and 37 of the Practice Note).

 

 

This website is being updated to comply with the Web Content Accessibility Guidelines (WCAG) 2.0.