Starting proceedings in the court

If you have matters relating to planning and environment—such as development, environmental protection, coastal protection, fisheries, marine parks, nature conservation, heritage, transport infrastructure and vegetation management—you may have the matter heard in the Planning and Environment (P and E) Court.

The P and E Court can hear proceedings such as:

  • appeals against decisions on development applications
  • appeals about infrastructure charges
  • appeals against decisions on compensation claims
  • appeals from decisions of Building and Development Tribunals
  • applications for enforcement orders, to remedy or restrain the commission of a development offence
  • applications for declarations.

Below is the general process for starting a proceeding in the court.

File a notice of appeal

First file a notice of appeal (PDF, 24KB) or (DOC, 51KB) at the registry and pay the appropriate fee.

Time limits apply for starting appeals in the P and E Court. See the relevant legislation to determine the time limit applicable to your situation.

Serve the notice of appeal

The process for serving the notice depends on the type of appeal. See the relevant legislation to determine the process applicable to your situation.

Example 1

If you wish to appeal against a decision approving a developer’s development application (under the Sustainable Planning Act 2009), give written notice of the appeal to:

  • the Chief Executive of the Department of Infrastructure, Local Government and Planning
  • the assessment manager (usually the local council)
  • any referral agency (usually a state government agency)
  • the applicant for approval (the developer).

Example 2

If you’re an applicant for a development approval and you wish to appeal against a decision on your application (under the Sustainable Planning Act 2009), give written notice to:

  • the Chief Executive of the Department of Infrastructure, Local Government and Planning
  • the assessment manager
  • any referral agency
  • any principal submitter whose submission has not been withdrawn
  • any advice agency treated as a submitter and whose submission has not been withdrawn.

The above are examples only. See the relevant legislation to determine the process applicable to your situation.

There are different requirements for other proceedings.

If the person given the notice isn’t the respondent or a co-respondent, such as a principal submitter or referral agency, the notice must state the grounds of appeal and state that the person may, within 10 business days after the notice is given, elect to become a co-respondent by filing a notice of election in the court.

Apply for a directions order

The party with the onus of proof (usually the developer) must apply for a directions order within three months of the notice of appeal or originating application being filed.

They will file the application in pending proceeding (PDF, 23KB) and (DOC, 49KB) in the court and a directions hearing before a judge will be set for a specific day.

Read about what happens in hearings and reviews.