Residential development appeals are usually resolved by a combined process of conciliation and hearing. Information is available on
At the conclusion of the hearing or at a later date, the commissioner hearing the appeal will give judgment. The judgment will state the decision and orders and give reasons for making the decision.
Further information is available on:
judgments and orders
The nature and terms of the orders the Court may make are determined by the application that is the subject of the residential development appeal. For a development application, the Court could refuse consent or grant consent either unconditionally or on conditions (see
s 4.16 of the Planning Act).
The Court has produced a set of standard conditions of consent for residential development to provide guidance as to the types of conditions that might be imposed. For an application to modify a development consent, the Court could refuse to modify or could modify the consent (see s 4.55 and
s 4.56 of the Planning Act).
The decision of the Court on the appeal is deemed to be the final decision of the consent authority and is to be given effect accordingly (
s 39(5) of the
Land and Environment Court Act). If the Court’s decision is to grant development consent, the consent becomes effective and operates from the date of the Court’s decision (see
s 8.13 of the Planning Act).
A party may appeal against an order or decision of the Court on a residential development appeal on a question of law. Usually, the order or decision of the Court will be made by a commissioner. An appeal against a commissioner’s order or decision is under
s 56A of the
Land and Environment Court Act to a judge of the Court. If, however, the order or decision in the residential development appeal was made by a judge, the appeal is under
s 57 of the
Land and Environment Court Act to the NSW Court of Appeal.
Further information is available on