Helping you with….
Environmental and Planning Law
What Our Clients Have Said…
“Harriss Jones Lawyers provided valuable advice and assistance with development assessment
appeals and environmental planning matters.
Their level-headed and practical approach helped simplify what can often be a complex and stressful process. They communicate clearly, offer sound legal guidance, and bring a reassuring sense of confidence to every step.
Highly recommended for anyone dealing with planning or environmental legal issues.”
Neil
Overview
There is a lot of work that goes into building a new home, office or commercial space. In New South Wales, planning law is governed by the Environmental Planning & Assessment Act, State Environmental Planning Policies, Local Environmental Plans, Development Control Plans and the Building Code of Australia just to name a few.
After you've made the decision to renovate or redevelop, you’ll also need to make a choice as to whether you’ll have an architect prepare your designs or approach a building designer or draftsperson. A range of experts may also be required including a town planner, engineer, interior designer, or a landscape architect. One professional you may not expect or intend to have, is a planning lawyer. Usually, you’ll need a lawyer when your development application stalls during the assessment process or if it is refused by the local authority, usually the council.
If you’re having difficulty resolving a dispute with your neighbour over a tree or bush, you’re in the process of redeveloping your property and are having trouble with your development application through your local council, lodging a development appeal or objecting to a development, we have a planning lawyer who can help.
With our experience in property and conveyancing, we can continue to assist you with your home remodel and environmental planning hurdles.
Environmental and Planning law disputes related to property are not just related to new developments. You may need advice in this area of law if:
You have a dispute with a neighbour about a tree blocking light to your house or causing damage to your property.
You have a dispute with your local council about a development application which has been refused or has been deemed refused.
You have a dispute with your local council about a development proposed by a neighbour, developer or by council.
You have a claim arising from aboriginal land claims, compensation from compulsory acquisition of land or valuation objections.
When you have a dispute that is not resolved by way of negotiation, the next step is to commence proceedings in the Land & Environment Court (LEC).
The LEC has 8 classes in which proceedings are ordinarily commenced, however, most people will be commencing proceedings in class 1 for environmental planning and protection appeals and class 2 for tree disputes.
You have a right to appeal a refusal under the Environmental Planning & Assessment Act within 6 months following the date of the original determination notice by the local council or six months from the 40th day after your application was submitted to appeal a deemed refusal.
FAQs
What is the LEC process?
Once you have commenced proceedings in the LEC, you will most likely be required to engage in Alternate Dispute Resolution (ADR).
In class 1 proceedings, this method typically resolves 80% of disputes.
If ADR does not successfully resolve the dispute, you will then attend to pre-trial readiness hearings and then a final hearing depending on the nature of the dispute.
It has been over a month since my development application was submitted and I haven’t had a response, what do I do?
The period for a response by council is 40 days, however, if there has been no response after that period lapses, the application is deemed refused.
You will then have to commence proceedings to escalate your matter and get a response. Liaise with your local council about a determination first before commencing proceedings.
Sometimes council may be overwhelmed with applications and take longer to respond.
My neighbour’s tree is causing damage to my driveway, how can I resolve this?
Before you engage solicitors (which can inflame a situation with your neighbour), ensure you speak to them about your concerns and attempt to resolve the issue without the need for escalation.
The owner of the tree causing damage is responsible for the repair of that damage, however, if there is any negligence on your part then it may also result in you bearing some of the cost.
I just bought a property and there were undeclared works that I’ve been ordered to remove. How can I resolve this?
If you have just purchased a property, check first whether you purchased title insurance.
Harriss Jones Lawyers recommends purchasing title insurance when purchasing a property to protect you from issues like these which may arise. If you don’t have insurance, you may have to wear the cost of the removal or rectification.
Issues with land such as undeclared works and additions are the responsibility of the person on title and not the person who may have done the illegal works.
While you may want to pursue the previous owner, it may be likely that you will be unsuccessful.
Your other option is to apply through the NSW Planning portal for a Building Information Certificate (BIC). A BIC, if approved, prevents local councils from taking regulatory action for a period of 7 years. This includes any actions council may attempt to order you to do, such as demolition, alterations, rebuilding or additions.
Chat to us about title insurance and your obligations when buying a property.
What does it cost?
The Land & Environment Court charges a scale fee depending on the cost of the build or the type of proceedings you are bringing. For example, if your developments build cost is over $1 million, the standard filing fee is $6,728 and increases yearly.
Solicitors fees will vary but it is not uncommon for fees to exceed 6 figures in contentious cases. If your matter is complex, you may also need to engage a barrister which your solicitor will do on your behalf. If you'd like to get a quote, get in touch with us for a free consultation.
You should also consider the fees your experts such as architects, town planners, engineers or landscape architects may charge for litigated matters. Your architect or drafts person may also need to be in attendance at the conciliation to assist in the process.
Our Process for Environmental and Planning Law Advice
We recommend that you first try and resolve any disputes with a neighbour or your local council directly before you consider legal avenues. Sometimes attempting to be conciliatory will yield a better result and reduce your costs.
If you have tried to approach the relevant person to resolve the issues, we will sit down with you and get an understanding of your situation and collect relevant information. Once we have an understanding and are able to review the situation, we will provide you with your options and what any likely outcomes will be.
We will do our best to assist you to make the right decisions and weigh up whether litigation is the right option for you before proceed further.
To get started, book an appointment or give us a call to discuss your situation.
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