Legal Project Management Plan & Checklist
Purpose of this Guide: This is the practitioner-grade matter plan for commencing and prosecuting a Class 1 development appeal in the Land and Environment Court of New South Wales (LEC) under ss 8.7 and 8.9 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) and the Land and Environment Court Act 1979 (NSW) (LEC Act). The plan covers the full appeal lifecycle: obtaining the complete DA file from the NSW Planning Portal and identifying RFI clock-stop events; calculating the precise deemed refusal date under s 119 of the Environmental Planning and Assessment Regulation 2021 (NSW) (40 calendar days for standard development, 60 for designated, integrated, or concurrence development, 90 for State significant development); calculating the strict 6-month appeal limitation period under s 8.9 EPA Act (the COVID-19 extension under s 8.10 ended 25 March 2022 - strict 6 months applies to all determinations and deemed refusals on or after 26 March 2022); assessing eligibility for the Section 34AA mandatory fast-track (detached single dwellings, dual occupancies, and alterations or additions); drafting and filing the LEC Form B Class 1 Application via the ; serving within the applicable window (3 working days for s 34AA, 7 calendar days for general appeals) and filing an Affidavit of Service; reviewing the council's Statement of Facts and Contentions (SOFAC) per Schedule B of the LEC Practice Note; attending the first directions hearing with the Case Information Sheet (Schedule D for residential, Schedule F for general); retaining and briefing expert witnesses; conducting expert joint conferencing to produce a Joint Report; serving without-prejudice amended plans at least 14 days before the conciliation conference; attending the s 34 or s 34AA on-site conciliation conference; and if agreement is reached, drafting the s 34 Agreement and Jurisdictional Statement compliant with ***Al Maha Pty Ltd v Huajun Investments Pty Ltd [2018] NSWCA 245*** and ***Joseph v Spencer [2026] NSWCA 46***. Three forks address: the s 34AA residential fast-track (immediate post-conference arbitration by the same Commissioner), significant plan amendments triggering the mandatory s 8.15(3) costs order, and Clause 4.6 development standard variation requests with jurisdictional prerequisite compliance.
Jurisdiction: Land and Environment Court of New South Wales - Class 1, Environmental Planning and Protection Appeals. General Class 1 return date is 28 days after filing. Section 34AA residential matters have a return date of 21 days after filing and, if conciliation fails, the same Commissioner immediately arbitrates. Verify current guidelines on the official NSW Legislation.
The Process at a Glance: Upon a DA refusal, conditional approval, or deemed refusal, the solicitor obtains the full DA history from the NSW Planning Portal, calculates all critical dates, and assesses s 34AA eligibility. A Form B is filed via the NSW Online Registry within the 6-month limitation window and served on the council. The council files a SOFAC. At the first directions hearing, a timetable for expert evidence, joint conferencing, amended plans, and the conciliation conference is set. Expert witnesses confer without lawyers and produce a Joint Report. Without-prejudice amended plans are served 14 days before the conference. The conciliation conference commences with an on-site inspection, resident objector evidence, and private without-prejudice negotiations. If agreement is reached: a s 34 Agreement and Jurisdictional Statement are filed and consent is granted. If conciliation fails: general appeals proceed to a merit hearing; s 34AA matters proceed to immediate arbitration by the same Commissioner. Verify current guidelines on the official NSW Legislation.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Planning: Development Appeal - LEC Class 1 (Applicant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for REAL_ESTATE cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
The appeal is formally commenced, the limitation period is stopped, and an LEC case number is allocated. All critical dates are entered in the PMS.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
The s 119 clock-stop provisions require careful analysis. Three questions must be answered: (1) Was the RFI issued within the first 25 days of lodgement? An RFI issued after day 25 does NOT stop the clock. (2) Was the RFI a valid request for genuinely necessary information, or merely a delay tactic? An invalid RFI may not stop the clock. (3) Did the applicant respond to ALL items in the RFI, or only some? A partial response may not fully restart the clock - the clock resumes when the applicant notifies the council in writing that the information has been provided or will not be provided.
The procedural framework for the appeal is set. All parties know the issues in dispute and the timetable to the conciliation conference.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
The technical issues are narrowed for the conciliation conference. The Commissioner can see precisely what is agreed and what remains in dispute.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Practitioners should remind experts before the conference that: (1) their duty is to the Court, not the instructing party; (2) the conference must be conducted honestly and in good faith; (3) the Joint Report will be a key document at the conciliation conference and any subsequent merit hearing; and (4) they must not communicate conference discussions to the instructing practitioners during the conference itself. Any breach of these obligations risks the Court refusing to admit the expert's evidence.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.