In 2017, Class 1 appeals were 65% of the court's finalised caseload.
73% of all Class 1 matters finalised were appeals under s 97 of the
Environmental Planning and Assessment Act 1979 relating to development applications.
57% of the appeals under s 97 were applications where councils had not
determined the development application within the statutory time period (deemed refusals).
Of the remaining Class 1 matters finalised in 2017:
- 14% were applications to modify a development consent under s 96 of the
Environmental Planning and Assessment Act
- 7% were appeals against council orders and the actual or deemed refusal
by councils to issue building certificates
- 6% were other matters, including applications for costs of proceedings, appeals against commissioners' decisions and appeals against pollution prevention or remediation notices.
In 2017, 67% of Class 1 appeals were finalised by alternative dispute resolution processes and negotiated settlement, without the need for a court hearing.
94% of Class 1 appeals were finalised within 12 months of commencement and 63% were finalised within 6 months of commencement. The median time for completion for all Class 1 appeals is 157 days.