What is a residential development appeal?


The Land and Environment Court has jurisdiction to hear and finalise appeals against a consent authority’s determination about:

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 8.7 or s 8.9 of the Planning Act (also see Who can make a residential development appeal?).


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