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 can have the matter heard in the Planning and Environment (P and E) Court.
Below is the general process for starting a proceeding in the court.
Before you file
Review the relevant legislation to determine whether you have a right to start a proceeding in the court.
This can be difficult to determine. Registry staff can’t give you advice on whether you have the right to start a proceeding in court. It is recommended you seek independent legal advice before filing.
File a proceeding
First file a notice of appeal (DOC, 46.5 KB) or originating application (DOC, 48.5 KB) with the court and pay the appropriate fee.
The proceeding may be filed in person at a court registry or mailed to the registry with a cheque. It is preferred the proceeding be filed at the closest registry with a sitting P and E Court judge. Please Note: Electronic lodgement of a proceeding is not allowed.
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 proceeding
The process for serving the notice of appeal or originating application depends on the type of proceeding. See the relevant legislation to determine the process applicable to your situation.
How to apply for a directions order
The party with the onus of proof (usually the developer) must apply for a directions order from a judge to progress the matter within one month to three months of the notice of appeal or originating application being filed.
The deadline to seek a directions order depends on the type of proceeding. See Practice Directions 2 of 2023 (PDF, 44.4 KB), 3 of 2023 (PDF, 1021.0 KB), 4 of 2023 (PDF, 433.9 KB) and 5 of 2023 (PDF, 244.1 KB) for information on the different types of proceedings and by when directions orders need to be applied for.
For an originating application, you must nominate the date on which you will be asking for direction orders. For other appeals, you must file an application in pending proceeding (DOC, 63.0 KB) nominating the date you will apply for directions orders.
Registry staff will advise if the court is available to hear your application for directions on your preferred date and provide alternative dates if required.
More information
Read about what happens in hearings and reviews.
