Planning: Development Appeal - LEC Class 1 (Applicant) - Residential Fast-Track - Section 34AA Mandatory Conciliation and Arbitration

This fork operates in the Land and Environment Court of New South Wales, Class 1, s 34AA residential fast-track stream. The return date is 21 days after filing (compared to 28 days for general appeals). The no-costs environment in s 34AA means that the mandatory s 8.15(3) costs order for significant plan amendments (Fork B of the parent plan) does not apply.

The appeal is filed and the return date is listed at 21 days. The council must file its SOFAC by 4:00 pm on the second-last working day before the first directions hearing. The Schedule D Residential Case Information Sheet is prepared. At the first directions hearing, a conciliation conference is listed within 6 weeks. Expert witnesses are retained and fully briefed as if for a merit hearing, including preparation of expert reports that can be tendered as evidence in an immediate arbitration if conciliation fails. Without-prejudice amended plans are served at least 14 days before the conference. At the conciliation conference, the Commissioner conducts a site inspection, hears resident objectors, and facilitates private without-prejudice negotiations. If agreement is reached, s 34 orders are made on the spot. If not, the Commissioner immediately moves to arbitration and delivers a determination, usually within days.

Key legislation: Land and Environment Court Act 1979 (NSW) s 34AA (mandatory fast-track for residential development - detached dwellings, dual occupancies, and alterations; 21-day return date; same Commissioner arbitrates if conciliation fails; no-costs environment); Environmental Planning and Assessment Act 1979 (NSW) s 8.7 (rights of appeal), s 8.9 (6-month limitation period), s 8.15(3) (mandatory costs thrown away - does not apply in s 34AA proceedings). Council SOFAC deadline: 4:00 pm on the second-last working day before the first directions hearing. Preparation note: do not reduce expert evidence preparation on the assumption that conciliation will succeed - if conciliation fails, arbitration begins immediately and inadequate expert evidence will disadvantage the client without any opportunity for adjournment.

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