NSW Land & Environment Court

Newhouse & Arnold Solicitors have a team of environmental & planning lawyers who have acted for both Councils and applicants and know their way around the NSW Land and Environment Court.   

David Newhouse has worked for the EPA, was a tipstaff for a Judge in the New South Wales Land and Environment Court before he was a barrister for 5 years, practising exclusively in the Land and Environment Court’s jurisdiction.  David has acted for Councils, developers, National Parks, Valuer-General, Roads and Maritime Services (formerly RTA) to residential applicants trying to get their development approved by Council.

Experience in the Land and Environment Court

Newhouse & Arnold Solicitors have an experienced team of environmental and planning lawyers who are on top of the recent Court decisions and can help you to put in place the best strategy to:

land & environment court
  • Get your development approval (DA),
  • Amend your s.96 application,
  • Defend you against a Council order,
  • Resolve your tree dispute,
  • Appeal land resumption or challenge a Council decision (as an objector).

Our initial meeting is free.  We will offer you cost effective solutions and put you in touch with experienced experts such as town planners, heritage consultants, arborists, surveyors, and valuers.

Contact David Newhouse on 02 9922 1100 for your free consultation to develop your planning strategy.

Where is the NSW Land and Environment Court?

The New South Wales Land and Environment Court is located at:

Level 4, 225 Macquarie Street
Sydney NSW 2000

Phone: (02) 9113 8200
Email: lecourt@agd.nsw.gov.au
Website: www.lawlink.nsw.gov.au/lec

What are the different class jurisdictions?

Class 1 Environmental planning and protection appeals
Includes appeals on the merits only against refusals, or deemed refusals, of development consents or conditions of development consents, third party appeals against designated development, and appeals against Local Council orders.

Class 2 Local government and miscellaneous appeals and applications
Includes appeals against building and other such approvals under the Local Government Act, tree disputes between neighbours, and other miscellaneous environment and planning legislation.

Class 3 Land tenure, valuation, rating and compensation matters
Includes appeals involving compensation for compulsory acquisition, valuation of land apopeals, the determination of property boundaries, encroachment matters and Aboriginal land claims.

Class 4 Environmental planning protection and civil enforcement
Includes proceedings for breaches of planning law (e.g. carrying out a development without consent), or breaches of conditions of development consent, and proceedings which question the legal validity of consents or refusals of consent by consent authorities.

Class 5 Environmental planning and protection summary criminal enforcement
Includes prosecutions for environmental offences for pollution offences and prosecutions by Local Councils for carrying out development without development consent.

Class 6 Appeals from Local Court (Convictions)
Includes appeals by defendants from convictions relating to environmental offences imposed by magistrates in the Local Court.

Class 7 Appeals from Local Court
Includes appeals from magistrates in respect of environmental prosecutions which previously would have been heard by the NSW Supreme Court.

Who is currently sitting on the Court?

The Hon. Justice Brian Preston, Chief Judge
Associate: Ms Edwina Chapman
Researcher: Kylie Wilson
ph (02) 9113 8261
fax (02) 9113 8266

The Hon. Justice Terence Sheahan AO
Associate: Ms Anne Deal
ph (02) 9113 8281
fax (02) 9113 8288

The Hon. Justice Nicola Pain
Associate: Ms Angela Westcott
ph (02) 9113 8251
fax (02) 9113 8277

The Hon. Justice Peter Biscoe
Associate: Mrs Fotini Hatziandreou
ph 9113 8241
fax (02) 9113 8244

The Hon. Justice Rachel Ann Pepper
Associate: Ms Jasmine Geary
ph 9113 8231
fax (02) 9113 8244

The Hon. Justice Malcolm Craig
Associate: Ms Sally Guth
ph 9113 8271
fax (02) 9113 8233

The Hon. Acting Justice David Henry Lloyd QC
ph: 9113 8268 
fax (02) 9113 8233

There are also Commissioners who sit on the NSW Land and Environment Court.

Main Legislation Granting Jurisdiction

The main legislative instruments which grant the Court jurisdiction to hear and determine matters are:

  • Environmental Planning & Assessment Act 1979 (NSW)
  • Local Government Act 1993 (NSW)
  • Protection of the Environment Operations Act 1997 (NSW)
  • Heritage Act 1977 (NSW)
  • Threatened Species Conservation Act 1995 (NSW)
  • Native Vegetation Act 2003 (NSW)
  • Contaminated Land Management Act 1997 (NSW)
  • Roads Act 1993 (NSW)
  • Land Acquisition (Just Terms Compensation) Act 1991 (NSW)
  • Trees (Disputes Between Neighbours) Act 2006 (NSW)
  • Noxious Weeds Act 1993 (NSW)
  • Water Management Act 2000 (NSW)
  • Environmentally Hazardous Chemicals Act 1985 (NSW)
  • Fisheries Management Act 1994 (NSW)
  • Pesticides Act 1999 (NSW)
  • Forestry and National Park Estate Act 1998 (NSW)
  • Pipelines Act 1967 (NSW)
  • National Parks and Wildlife Act 1974 (NSW)
  • Aboriginal Land Rights Act 1983 (NSW)

land & environment court

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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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