Land and Environment Court Applications and Appeals
The team at Project Lawyers has extensive experience in advising on and managing applications and appeals to the Land and Environment Court of NSW, including:
- merit appeals challenging the refusal or deemed refusal of development applications and s96 modification applications.
- challenges to conditions of development consents imposed by consent authorities.
- challenges to development contributions and disputes over off-set entitlements relating to pre-existing development.
- declaratory relief and applications for judicial review of local and State government determinations.
- challenges to compensation determinations and valuation determinations made by the Valuer-General.
- defended prosecutions associated with alleged environmental offences (under the EPA Act and the POEO Act), alleged breaches of development consent conditions and other alleged offences under the EPA Act.
- appeals available to determinations made by Commissioners of the Court, in limited circumstances, under s56A of the EPA Act and to the NSW Court of Appeal.
Any decision to commence proceedings in the Land and Environment Court is one that should be approached cautiously, with appropriate regard to timing, prospects and cost considerations. The team at Project Lawyers routinely advises clients on these important considerations.