Development and Planning Appeals

Our land and environment court lawyers are able to assist you in your development and planning appeals which are known as “merit appeals” or “class 1 appeals”.  We have acted for both Applicants and local Councils.

Merit appeals are typically against the local Council in response to a decision made by the Council on a development application or some action the Council has taken against someone (such as asking them to do/not do something).

The most common Class 1 proceedings brought are against the local Council for:

  • Councils refusal (actual or deemed) to grant development consent (Section 97 of the Environmental Planning & Assessment Amendment Act 2008 NSW); 
  • Councils refusal (actual or deemed) to consent to an application to modify a previous development consent (Section 97(2) of the Environmental Planning & Assessment Amendment Act 2008 NSW);
  • Councils issue of an order for the Applicant to do/not do something (Section 121ZK of the Environmental Planning & Assessment Amendment Act 2008 NSW).

Objectors to a development application for a particular type of development (designated development) who are dissatisfied with Councils determination to grant consent, may also lodge an appeal (Section 98 of the Environmental Planning & Assessment Amendment Act 2008 NSW).

Please immediately contact our experienced planning and environment lawyers, as time limits for appeals are critical and your appeal rights may disappear if you are out of time.

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Location

McMahons Point (Head Office)
23A King George Street,
McMahons Point NSW 2060
Phone: 02 9922 1100
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Bondi Junction (Branch)
Suite 14, Level 2, 51-53 Spring Street
Bondi Junction NSW 2022
Phone: 02 9922 1100
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