The Land and Environment Court has jurisdiction to hear and finalise appeals against a consent authority’s determination about:
development applications (under
s 97 of the
Environmental Planning and Assessment Act 1979 (the Planning Act))
applications to modify development consents for different kinds of development (under
s 97AA of the Planning Act).
When the development referred to in the development application is for a residential development or other development mentioned in
s 34AA of the
Land and Environment Court Act 1979, the appeal is referred to by the Court as a residential development appeal.
A residential development appeal can be made to the Court when:
a development application, or an application to modify development consents, for residential development 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 (see below), and the applicant is dissatisfied with the consent authority’s determination
there is a right of appeal under
s 97 or
s 97AA of the Planning Act (also see
Who can make a residential development appeal?).