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Frequently Asked Questions about On-site hearings
What is an on-site hearing?
If you are filing a planning appeal under s 97 of the Environmental Planning and Assessment Act 1979 (appeals against refusal of development applications in class 1 of the Court’s jurisdiction), changes to the Land and Environment Court Act made in 2002 (see s 34A of the Act) give the Court power to order that proceedings be heard by an informal, on-site hearing.
How does the Court decide whether I will have an on-site or a court hearing?
The parties can themselves agree that an on-site hearing will take place. Otherwise, in s 97 matters, the Registrar will make a decision at callover, usually after the statement of issues is filed. The parties will have an opportunity to make their case for an on-site or court hearing, but the Registrar may direct that an on-site hearing be held if the development:
- has an estimated value that is less than half the median sale price for the previous quarter for all dwellings in the local government area, and
- if carried out, the development would have little or no impact beyond neighbouring properties, and
- it does not involve any significant issue of public interest beyond any impact on neighbouring properties.
Where do I get the median sale price information?
Select this link to a summary of Department of Housing sales figures. In addition you may wish to consult the Department of Housing website (select 'Rent & Sales Report' from the Home page menu) for more information.
Are there any pre-hearing directions that may apply?
You should consult the Court's Practice Collection containing Practice Notes and Practice Directions to check if any pre-hearing directions will apply to your case.
How do on-site hearings work?
On-site hearings work in a similar way to section 34 conferences. The Registrar will ask the parties to ensure that suitable facilities are available (a table, chairs, shade, drinking water and toilets). If this cannot be arranged, the parties should confer to determine another appropriate location for the hearing.
The litigants and their representatives (and any other interested parties) will meet on site on the day and time (9.30am unless directed otherwise) set by the Registrar.
The Commissioner will:
- clarify the outstanding issues;
- hear from each of the parties;
- consider expert reports, if any;
- hear from any resident objectors; and
- make a decision, in most cases on the site but sometimes later in Court.
Do I need a lawyer to represent me at an on-site hearing?
There is no requirement for legal representation and many cases with clear and unambiguous issues can be conducted without legal representation if the parties have a good understanding of the relevant planning controls.
Do my experts need to come to the on-site hearing?
Consideration should be given to the relevant Court practice notes and directions in force.
Will I get a decision on the day of the on-site hearing?
It will depend on the issues, but in most instances a decision will be given on the day of the on-site hearing.
Will I be told the reasons for the decision?
Yes, the Commissioner must give reasons for his/her decision.
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