McKees Legal Solutions have provided advice and advocacy services to our clients in over 1,000 cases over the past 25 years. The timing of such an appeal is a question of judgement. In our experience appealing to the Land and Environment Court accelerates your approval and achieves excellent outcomes while managing risk. The s34 Conciliation process provides a unique opportunity to achieve negotiated agreements with Council eliminating the Court’s decision making function and, therefore, the risk of a subjective decision. Whether that be within a Council’s own process, or by taking a Councils decision of refusal to the Land and Environment Court of NSW, the appeal process in place offers a great form of control for the client in seeing their best outcome realised.

Appealing straight to Court

There are a number of circumstances where appealing straight to Court may be the most effective action. There is a statutory right of appeal against the deemed refusal after 42 days after the lodgement of the Development Application.

Appealing a Council decision

Where Council has refused your Development Application, you have the right to appeal that decision to the Land and Environment Court of NSW. The appeal right expires 6 months after the date of determination. Whether it be over traffic, overshadowing, or heritage issues, we can assess and advise on your prospects of success in the Land and Environment Court.

Over the past 25 years McKees have found that in order to obtain the best outcome for our clients’ proposed development, there is real value in lodging an appeal. It sets the context for ongoing negotiations and imposes a timetable.