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.