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Report
of the Land and Environment Court Working Party
This report sets
out the recommendations of a Working
Party which considered the way decisions on development applications
are reviewed by the Land and Environment Court.
The basis for the
report was to identify ways in which decision-making processes could
be improved and give an opportunity to correct some common misconceptions
about the Court.
The Working Party
was particularly focused on a number aspects of the
Land and Environment Court 2
including:
- the most appropriate
manner in which the Court reviews decisions regarding development
applications
- ways of streamlines
procedures to resolve disputes relating to development applications.
The Working Party
received over 300 submissions
and has made 37 recommendations.
Some of the more significant recommendations are listed below.
- The Land and
Environment Court should continue to hear full merits appeals. This
means that the Court can “stand in the shoes” of an original
decision-maker such as a local council and use the council’s
powers and responsibilities to come to a decision afresh. The Court
can decide whether or not a development proceeds and if so on what
conditions.
- Greater use should
be made of alternative dispute resolution (ADR). ADR attempts to resolve
disputes outside the usual court process by having a neutral person
assist in arriving at a compromise. The Working Party recommended
that ADR be considered at every opportunity and that Independent Hearing
and Assessment Panels be established by local councils.
- The Working Party
considers that minor matters should be dealt with by compulsory conferences
which should be held on site rather than in the Court. Also, the formality
for major matters should be reduced. Cross examination should be restricted
and there should be less emphasis on adversarial proceedings.
- Certain changes
should be made to the law to give local councils more flexibility
in reviewing their decisions and their responses to the Court’s
findings.
- A person who
has special knowledge in heritage or urban design matters should be
commissioner.
Other recommendations
of the Working Party are aimed at reducing delays, delegating certain
responsibilities to council staff, the role of lawyers and changes to
some of the Court’s time limits.
Executive
Summary
Full text of Report
of the Land & Environment Court Working Party [also available
as pdf] |
