Town Planning
We advise on all aspects of land use, maximising development potential and the legal and commercial challenges involved in achieving development approval.
Town Planning
We advise on all aspects of land use, maximising development potential and the legal and commercial challenges involved in achieving development approval.
The partner for you
Navigating planning laws and regulations can be challenging, requiring extensive interpretation for clear solutions.
Early strategic legal advice can enhance your chances of development approval, minimizing delays and costs associated with repeated requests and litigation.
Our profound understanding of planning controls and construction ensures sustainable development outcomes.
Town Planning Advice
We advise Council’s, Private Developers, businesses and individuals on all aspects of land use, maximising development potential and the legal and commercial challenges involved in achieving development approval.
Planning laws and regulations can be difficult to navigate and require extensive interpretation before an appropriate solution can be clearly identified.
Strategic legal advice early-on can increase your chances of achieving development approval by reducing the likelihood of repeated requests for information, multiple project re-designs and ultimately Land and Environment Court litigation – all of which contribute to continuing delays and rising costs.
Our exceptional understanding of complex planning controls, building design and construction is vital in the delivery of positive development outcomes that are both commercially sound and sustainable for communities.
Tom is an accredited specialist in planning and environment law, while John is a certified practising town planner as well as a solicitor.
As a Firm with over 50 years of collective experience acting for both Councils and private clients/developers, we are uniquely positioned to provide advice that is based on a thorough understanding of all sides.
We maintain strong relationships with an expansive network of experts across many disciplines and barristers who are willing to support our clients on short notice.
- Design, drafting and lodgement of development applications and planning proposals
- Due diligence regarding site constraints, zoning and permissible/change of use of land
- Existing and continuing use rights, easements and right of carriageway matters
- Interpretation of Environmental Planning And Assessment Act 1979 and related legislation and planning instruments
- Drafting and interpretation of Local Environment Plans (LEP), Development Control Plans (DCP), State Environmental Planning Policies (SEPP)
- Complying development (CDC), occupation (OC) and subdivision certificates
- Conditions of consent, compliance with/enforcement and modification of them
- Lapsing of consent and physical commencement works
- Land acquisition, resumption and valuations
- Environmental compliance with noise pollution, waste disposal and penalties
- Council powers and public access to documents (FOI and GIPA)
- Affordable Housing Development, Council Contributions and SEPP 70
- Drafting works-in-kind/voluntary planning agreements, s7.11 plans and contributions and negotiations with all parties involved in provision of works
- Draft responses regarding requests for information, stop work notices/orders, written submissions/objections and investigations
Town Planning Litigation
We represent clients in all classes of the Land and Environment Court of NSW and other jurisdictions in development appeals, tree/hedge disputes between neighbouring properties and alleged breaches in enforcement and civil/criminal prosecution matters.
We are highly experienced Court advocates who coordinate multi-disciplinary teams and their evidence in order to facilitate effective communication between Council’s, Private Developers, Businesses, Individuals and their legal representatives. Our strategy is to resolve issues before they escalate, successfully avoid Court proceedings all together or achieve early settlement when proceedings are unavoidable.
Representation early-on ensures all of the potential pathways to achieving development approval and compliance have been considered and exhausted prior to Court proceedings being commenced, and any applicable limitation periods to appeal decisions and deadlines to respond within are heeded.
Our experience in Alternative Dispute Resolution processes, both before and after Court proceedings are filed, can resolve issues in a timely and cost-effective manner by facilitating strategic meetings and correspondence between Council’s, Developers, Local Planning Panels, Resident Action Groups, experts and their legal representatives.
Particularly in criminal prosecution matters, failing to obtain appropriate advice and representation prior to carrying out certain activities and responding to investigations could result in serious fines, costly remediation work orders and in severe cases, imprisonment.
Renowned dispute resolution
John Cole is renowned for his dispute resolution and personal advocacy skills in the Land and Environment Court and beyond, conducting a majority of his conciliation conferences, mediations and hearings himself without the need for a barrister to be briefed.
We have successfully settled hundreds of appeals regarding residential, commercial, and mixed use and precinct development projects including heritage items and marina jetty’s with substantial public community involvement.
We have also successfully represented clients in a wide array of investigations, responses to requests for information and alleged breaches involving unlawful works, issuing of complying development certificates, pollution offences and unlawful removal of trees and tree disputes.
As a result of our decades of collective experience in the area, we have amassed a wealth of contacts in the industry that specialise in the many professional disciplines involved and who can assist our clients on short notice, a pivotal factor to success when working within tight deadlines.
- Development disputes and appeals involving decisions of Local Council’s or NSW Department of Planning, actual refusals or deemed refusal appeals (not determined in the prescribed amount of time), Building Information Certificate applications and modification of consent conditions.
- Tree disputes regarding view loss and sunlight and other miscellaneous appeals involving Local Council orders such as dangerous dog declarations and interpretation of the Local Government Act 1993, Trees (Disputes Between Neighbours) Act 2006 and Companion Animals Act 1988.
- Land disputes regarding unfair valuations, compensation for compulsory acquisitions, negotiations with the relevant Commonwealth and State authorities and interpretation of the Lands Acquisition Act 1989 and the NSW Land Acquisition (Just Terms Compensation) Act 1991.
- Enforcement and non-compliance disputes involving stop work notices regarding alleged unlawful works not in accordance with approved plans/conditions of consent and land use, noise and air pollution, waste disposal and heritage conservation. Also challenging the legality of some decisions in judicial review proceedings.
- Criminal prosecution disputes regarding environmental and planning offences such as illegal dumping of waste, unauthorised land clearing and Biodiversity/BioBanking, water contamination, unauthorised land use and construction as well as other breaches of legislation in place to protect the environment.
Accredited Specialists
Tom is an accredited specialist in planning and environment law, while John is a certified practising town planner as well as a solicitor.
40+ Years Experience
In acting for both Councils and private clients/developers, we are uniquely positioned to provide advice that is based on a thorough understanding of both sides.
Expansive Network
We maintain strong relationships with an expansive network of experts across many disciplines and barristers who are willing to support our clients further on short notice.