The Land and Environment Court of NSW

What You Need to Know

The Land and Environment Court of NSW is a specialist court that deals with environmental, development and planning disputes. If you're involved in a planning or environmental matter in NSW, understanding how this unique court works is essential.

What Does the Land and Environment Court Do?

Established in 1980, the Land and Environment Court hears and decides on cases relating to:

  • Development applications and consents

  • Environmental planning 

  • Protection of the environment

  • Land valuation and compensation

  • Mining and petroleum

  • Aboriginal land rights

The Court aims to safeguard the environment while balancing development needs. It has the power to:

  • Approve or refuse development applications

  • Modify development consents

  • Issue orders to remedy or restrain breaches of planning or environmental laws

  • Determine compensation for compulsory acquisition of land

  • Hear criminal proceedings for environmental offences

Key Features of the Court

  • Specialist jurisdiction: The Court deals exclusively with environmental, planning and land matters.

  • Merits review: In many cases, the Court can review the whole case afresh, not just legal errors.

  • On-site hearings: Hearings often start with a site inspection.

  • Use of experts: The Court relies heavily on expert evidence in technical matters.

  • Alternative dispute resolution: Conciliation conferences aim to resolve disputes by agreement where possible.

Class 1 Development Appeals: A Common Type of Case

One of the most frequent types of cases in the Court are Class 1 development appeals. These typically involve:

  • A developer appealing against a council's refusal of a development application

  • A developer appealing against conditions imposed on an approved development 

  • An objector appealing against a council's approval of a development (for designated development only)

The Process for Class 1 Appeals

  1. Lodge an appeal application with the Court within 6 months of the council's decision

  2. Attend a directions hearing where the Court sets out the timetable for the case

  3. Participate in a conciliation conference to try to resolve the dispute 

  4. If unresolved, proceed to a hearing before a Commissioner

  5. Receive the Court's decision, which replaces the original council decision

Key Things to Know About Class 1 Appeals

  • They are usually heard by Commissioners with expertise in planning, rather than judges

  • The Court considers the case afresh, weighing up the merits of the development

  • Strict timeframes apply - be prepared to move quickly once an appeal is lodged

  • Expert evidence is crucial - choose your experts carefully

  • Costs are not usually awarded against unsuccessful parties

Get Expert Help

Navigating the Land and Environment Court can be complex. At McKees, our expert planning and environment lawyers can guide you through the process, whether you're a developer, council or community group. Contact us today for tailored advice on your matter.