Court document · Planning & Environment
Land and Environment Court Class 1 development appeal (NSW): forms, time limits and first steps
Guide to starting and running the early stages of a Class 1 merit appeal in the NSW Land and Environment Court: the right form, the time limits, deemed refusals, parties, the s 34 conciliation conference, and the Court's Gen AI rules.
- Kind
- Court document. A document filed or served in a court or tribunal.
- Where it applies
- New South Wales
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 17 October 2026
- Status
- Maintained. Checked against the cited sources on 17 October 2026.
- Version
- 1
- Source
- Link to the official form. Licence: Link only. Court forms are published by the Land and Environment Court of NSW (© State of NSW). Use the current version from the Court's forms page.
Where this comes from
The official form is published by lec.nsw.gov.au; this page is a completion guide. Last checked on 2026-10-17.
When to use it
Use when an applicant appeals a refusal, deemed refusal or condition of development consent, or an objector appeals a consent for designated development. Use the Court's current Form B (Class 1, 2, 3 application); this guide does not reproduce it.
How AI may be used
AI may draft a chronology, issues list and draft contentions response for lawyer review under the Court's Gen AI practice note; it must not generate evidence and every citation must be verified by a person.
AI may
- Build a chronology and index of the DA file, council assessment report and determination.
- Map the refusal reasons to the planning controls and draft an issues list.
- Draft written submissions, subject to verification of every citation by a person (practice note paras 16–17).
AI must not
- Must not generate or rephrase the content of affidavits or expert reports.
- Must not receive material produced on subpoena or covered by the implied undertaking unless practice note para 9A is satisfied.
- Must not be relied on to calculate the appeal deadline.
The lawyer checks
- The appeal is within 6 months of notification of the determination (or 28 days for an objector), and not during a review period (s 8.9A).
- The right form and fee are used and the consent authority is named correctly.
- Experts have been told about the practice note and the UCPR expert code before they start.
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Official form
Open the official form. Always use the current version from the issuer. Licence: Link only. Court forms are published by the Land and Environment Court of NSW (© State of NSW). Use the current version from the Court's forms page..
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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