All merit appeals in the Land and Environment Court’s Class 1, 2 and 3 jurisdiction.
Class 1 Appeals are commonly appeals against the refusal or deemed refusal of a development application or modification application. The first step is a formal mediation by the Court and we have very good results in settling these appeals at this stage. A deemed refusal is an appeal right exercised where the Council has not yet made a determination of a development application (specific advice needs to the sought as there are time limits on this appeal right). The class 1 appeals involve dealing with a range of relevant experts, such as: urban planning, architect, heritage, traffic, waste management, acoustic and visual experts, civil and stormwater, landscaping, ecologists, archaeologists etc.
Class 1 of the Court’s jurisdiction also deals with appeals against a ‘development control order’ issued by Council, and multiple other miscellaneous appeals
Class 2 appeals are miscellaneous appeals brought under a number of Acts.
Class 3 appeals are concerned with merit reviews of land valuations (rating and land tax) and compensation amounts as a result of compulsory acquisition.
The SWS Property and Planning team have extensive experience in conducting merit appeals in the Land and Environment Court.
Paul has been a lawyer for 18 years specialising in the planning, environment and property sphere. Paul has previously worked as a Senior Lawyer at Sparke Helmore and HWL Ebsworth, before practicing ...