Development appeals - Outcomes and orders

Giving judgment

At the conclusion of the hearing or at a later date, the commissioner or judge hearing the appeal will give judgment. The judgment will state the decision and orders and give reasons for making the decision. Further information is available on:

• judgments and orders
• enforcement
• costs.

Orders

The nature and terms of the orders the Court may make are determined by the application that is the subject of the development appeal or objector appeal.  For a development application, the Court could refuse consent or grant consent either unconditionally or on conditions (see s 4.16 and s 4.17 of the Planning Act). For an application to modify a development consent, the court could refuse to modify or could modify the consent (see s 4.55 and s 4.56 of the Planning Act).

Giving effect to the court’s decision

The decision of the Court on the appeal is deemed to be the final decision of the consent authority and is to be given effect accordingly (see s 39(5) of the Land and Environment Court Act).

If the Court’s decision is to grant development consent, the consent becomes effective and operates from the date of the court’s decision (see s 8.13 of the Planning Act).

Appeals against the court’s decision

A party may appeal against an order or decision of the court on a development appeal or objector appeal on a question of law.  If the order or decision of the Court was made by a commissioner, the appeal is under s 56A of the Land and Environment Court Act to a judge of the Court. If the order or decision was made by a judge, the appeal is under s 57 of the Land and Environment Court Act to the NSW Court of Appeal.

Further information is available on appeals.