What is a Class 1 Appeal?

A Class 1 appeal (also known as a ‘merits appeal’) is relevant if your local Council has either made a decision on your development application that you would like to challenge or Council is deemed to have refused your development application by virtue of a length of time (ordinarily 42 days) following lodgment of your development application. It would then be considered a class 1 appeal under section 8.12 of the Environmental Planning and Assessment Act 1979.

Class 1 appeals are often related to matters where the council has refused a development or can also be in response to a determination under a section 8.2 review.

What are the benefits of class 1 appeals?

Class 1 appeals enable an applicant to remove the Council politics of the decision making process. It can also speed up the decision making process by utilising the deemed refusal provisions in relation to your development application. It allows the Court to make decisions and orders in relation to development applications that would have previously been in the hands of the decision maker (Council).

Who usually hears class 1 appeals?

Commissioners usually hear Class 1 appeals however if there is a lengthy, complex or controversial matter, this might be heard by a judge as well as a Commissioner.

How long do I have to commence a class 1 appeal?

In most cases, you have 6 months from either the actual decision made by the Council or 6 months after the 42 day deemed refusal period has expired.

What happens if I’m unsuccessful with my Class 1 appeal – do I need to pay costs?

As Class 1 appeals are a ‘no costs’ jurisdiction, each party is responsible for their own costs regardless of whether you are successful with your appeal or not.

However, if you make an amendment to your development application that is more than minor, you will have to pay the Council’s costs thrown away as a consequence of the amendment.

What experience does Hones Lawyers have with successful Class 1 appeals?

With years of experience in Land and Environmental Court matters, Hones Lawyers have successfully obtained many approvals from the Court through Class 1 appeals, with statistics showing 75% of cases are resolved via conciliation conferences.

Get In Touch

    Our Process

    Get In Touch
    hones lawyers phone call and website enquiry

    Contact us by phone or using our website enquiry form with information on your matter. Providing enough information in this part of our process will allow us to get back in touch with you regarding your options.

    hones lawyers client meet up and interview

    Whether it’s in person, over the phone or by Skype – this will allow us to ask any questions we might have regarding your matter and will allow us to build a better working relationship.

    hones lawyers strategy and solution

    At this point we should have enough information in order build a strategy to move forward with (or in some cases, various strategies).

    Our Land and Environment Court Lawyers

    managing partner jason hones

    Jason Hones

    partner gavin shapiro

    Gavin Shapiro

    special counsel susan hill

    Susan Hill

    special counsel lesley finn

    Lesley Finn