Subscribe to get news update
Services / Appeals & Expert Evidence
When a development application is refused, conditions are disputed or a matter is heading towards the Land & Environment Court, the right next step depends on the planning merits. Greiss Planning provides strategic advice, review support and expert planning evidence so you can choose the pathway most likely to resolve the matter.
Discuss your matterLast updated: 1 August 2026 · Written by Dr George Greiss
A refusal, a deemed refusal or a set of conditions you cannot live with is rarely the end of the road — but it is a decision point. A contested planning matter is not resolved by simply arguing harder. The best pathway usually depends on understanding the real issues in contention, whether the proposal can be amended, and how the planning merits should be presented.
Greiss Planning works with owners, developers and their legal teams to review the application history, council's reasons for refusal and the relevant planning controls, and to give a clear, frank assessment of the options before time and money are committed to any one course.
Dr George Greiss holds a PhD in urban planning and spent sixteen years inside local government personally assessing development applications — the same assessments that are tested when a matter becomes contested. He has appeared as an expert planning witness in contested matters and understands how planning evidence is weighed. That experience informs measured, realistic advice: no matter is guaranteed a particular outcome, but every client receives an honest view of the merits and a clear plan for presenting them.
You generally have four pathways: ask the council to review its own decision under section 8.2, lodge an amended application that addresses the reasons for refusal, commence a Class 1 merit appeal in the Land & Environment Court, or negotiate — often through conciliation. The right choice depends on the planning merits, so an early frank review is worth doing before committing to any pathway.
A section 8.2 review asks the council itself to reconsider its determination, usually with amended plans — it is faster and cheaper, but the decision stays with the council. A Class 1 appeal is an independent merit re-hearing before the Land & Environment Court. Some applicants pursue a review first and keep the appeal pathway in reserve, subject to time limits.
In general terms, a Class 1 merit appeal against a refusal must be commenced within six months of the determination. Different limits can apply in particular circumstances, and lodging a review does not always pause the clock. Deadlines are strict and missing one can end the pathway entirely, so we recommend confirming the applicable time limit with a lawyer early.
An expert planning witness gives the court an independent professional opinion on the planning merits — how the proposal performs against the controls and the issues in contention. The duty is to the court, not the client, and evidence is usually prepared jointly with the other side's expert to narrow the real issues before the hearing.
For court proceedings, usually yes. A planner addresses the planning merits and evidence; procedure, advocacy and legal advice are a lawyer's domain, and legal questions should always be directed to one. Greiss Planning routinely works alongside solicitors and barristers as part of the appeal team, and can do so from the earliest strategy discussions.
Honestly, it depends on the merits. Some refusals rest on issues that amended plans or better evidence can resolve; others reflect fundamental conflicts with the controls that no appeal is likely to overcome. We give a frank view of the prospects first — including advising against an appeal where the merits are weak — so you can decide with clear eyes.
Get a frank, independent view of the planning merits and your realistic pathways before you commit.
Get in touch