---
title: "Land and Environment Court Class 1 development appeal (NSW): forms, time limits and first steps"
url: "https://ailawframework.com/precedents/planning-and-environment/lec-class-1-appeal"
type: "precedent"
site: "AI Law Framework"
id: "a12-lec-class-1-appeal"
area_id: "A12"
kind: "court-document"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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…

Canonical page: https://ailawframework.com/precedents/planning-and-environment/lec-class-1-appeal  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

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.

## Key facts

- Kind: Court document. A document filed or served in a court or tribunal.
- Practice area: [Planning & Environment](https://ailawframework.com/precedents/planning-and-environment.md)
- Jurisdictions: New South Wales
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the official form at lec.nsw.gov.au and the 5 authorities it cites, for New South Wales.

## 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.

## Authorities

- [Land and Environment Court Act 1979 (NSW) s 17 (Class 1 jurisdiction, including appeals under EP&A Act ss 8.7–8.9)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1979-204#sec.17)
- [Land and Environment Court Act 1979 (NSW) s 34 (conciliation conferences)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1979-204#sec.34)
- [Environmental Planning and Assessment Act 1979 (NSW) ss 8.7–8.11 (appeal rights; 6-month and 28-day limits; deemed refusal)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1979-203#sec.8.10)
- [Land and Environment Court Rules 2007 (NSW) Pt 3 (Class 1–3 proceedings; parties; costs)](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2007-0578)
- [Land and Environment Court of NSW, Practice Note – Use of Generative Artificial Intelligence (effective 12 February 2025)](https://lec.nsw.gov.au/content/dam/dcj/ctsd/lec/documents/practice-notes/Practice_Note_-_Use_of_Generative_Artificial_Intelligence_UPDATED.pdf)

## Official form

[Official form](https://lec.nsw.gov.au/forms-and-fees/forms.html)

## 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.

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/planning-and-environment/lec-class-1-appeal and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*