Residential development appeals: outcomes and orders


Resolving disputes

Residential development appeals are usually resolved by a combined process of conciliation and hearing. Information is available on conciliation and hearings.

Giving judgment

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:

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).

Giving effect to the court’s decision

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).

Appeals against the court’s decision

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 appeals.





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