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Development and Planning Appeals

Development and Planning Appeals

Our land and environment court lawyers are able to assist you in your development and planning appeals a prosecution both in the Local Court and NSW Land and Environment Court.

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 us, as time limits for appeals are critical and your appeal rights may disappear if you are out of time.

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