Land & Environment Court
A formal appeal pathway when negotiation with council has been exhausted.
When council says no
The NSW Land and Environment Court (LEC) provides an independent appeal mechanism for refused development applications. A successful LEC appeal can result in approval of a project council declined.
Class 1 merits appeals
A Class 1 appeal is a full merits review of your development application — the Court considers the proposal fresh, rather than simply reviewing whether council made a legal error. This means a project refused by council can still be approved by the Court on its merits.
Class 1 appeals are typically heard by a Commissioner, with technical expertise in planning and the built environment, rather than a judge.
Our role
We prepare or update the architectural drawings and provide expert witness reports on design and planning matters. We attend conciliation conferences and, where required, court hearings to give evidence about the design.
LEC matters also require a planning solicitor. We work alongside your legal team and provide the architectural expertise they need to run the case effectively.
Deemed refusal appeals
If council has not determined your DA within 42 business days of lodgement, it is deemed refused and may be appealed to the LEC immediately. This is sometimes used strategically — lodging an appeal can prompt council to prioritise assessment and reach a negotiated outcome without a formal hearing.
LEC proceedings are legal proceedings. We strongly recommend engaging a planning solicitor for any LEC matter. We can provide recommendations for experienced planning lawyers in Sydney.
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