An appeal will be placed in to the pending track if it is clear to the Court that the parties are negotiating a settlement and do not want the assistance of the Court or if the person who applied for development consent wishes to amend the proposal plans and has or will lodge amended plans or a new application with the council/authority for further consideration.
It will be listed for another preliminary conference at a time decided by the Court (usually after four months if a new application is to be made) and where possible as agreed by the parties. The parties will be free to make an application to the Court to bring the matter on earlier if they are ready to proceed to the next step.
If the parties reach a settlement before the adjourned date, the Court may make an order by consent without the need for further attendance.
A matter placed into the pending track may proceed to a finalising settlement, a preliminary conference, directions hearing or hearing.
If there is no possibility of the parties reaching a settlement the matter may be placed into the hearing track. At the preliminary conference, upon the request of one or more parties, and after considering the merits of the request, the Court may dispense with the conference in a matter. The Court will need to be convinced that the parties would not be able to reach a settlement or compromise in the matter.
From the preliminary conference, a matter placed in the hearing track may be given a hearing date or referred to a directions hearing in preparation for a hearing.
Please note that a hearing fee will be invoiced to the Appellant after the conclusion of the hearing.
A matter not placed into the pending track will be placed in the conference track unless the Court sees no benefit to the parties in a conference being convened.
A conference is an opportunity for the parties to get together in an informal, round table discussion in confidence to see if they can resolve their differences with the assistance of an expert member of the Court acting as a conciliator. Conferences are listed for one hour and can be reconvened after the completion of the first conference if requested by the parties.
If the conference stage does not result in a settlement or compromise, the matter may be given a hearing date or referred to a directions hearing in preparation for a hearing.