Overview

Planning law focuses on the regulation of "development" which in this context refers to the use of land for a particular purpose.  For example, the construction of a new building or the use of an existing building on land can constitute development.

Depending on the nature and scale of particular development, approval for development may be granted by the relevant local council, an independent specialist planning approval body, or by the relevant Minister.

Some development, which complies with certain pre-determined criteria (sometimes known as "development standards"), can proceed without approval at all or under a streamlined approval process.

The types of development which can be carried out on particular land varies in accordance with the applicable "land use zoning". Land use zoning is often regulated under schemes prepared by the relevant local council. For some development, land use zoning can be imposed under schemes with State or Territory-wide application.

The process of obtaining a planning approval typically commences with the lodging of an application for approval. Depending on the nature of the proposed development, the application may need to be accompanied by an assessment of the likely environmental impacts of the development.

Planning analysis

The process of determining the appropriate planning approval pathway for development requires careful analysis and synthesis of the applicable State and Local Planning Controls and any critical Site Constraints. The key steps in the analysis are summarised in the following chart (which cites NSW specific legislation but sets out a process of general application).

Planning Diagram.png

 

How we can help

At Bick & Steele, we can help you navigate the complicated planning approval systems in various States and Territories across Australia.  We provide our clients with valuable assistance on a wide range of planning law matters including by:

  • determining the best planning approval pathway for a project and advising on the approvals required to carry out your development;

  • undertaking planning due diligence to determine whether particular development may be carried out on the land;

  • reviewing your application for planning approval and environmental assessment (if required) to ensure that it is legally robust;

  • where appropriate, retaining technical experts under legal professional privilege to advise on the merits of your development;

  • advising you about modifying your planning approval;

  • advising you about existing use rights or continuing use rights;

  • assisting you with compliance issues including responding to regulatory investigations;

  • representing you at any public hearing held by an independent specialist planning approval body; and

  • advising and representing you in any legal appeal (either brought by you or an objector to the proposed development).

We can also help you to object to applications for planning approval by:

  • reviewing the application for planning approval and environmental assessment (if applicable) to identify any legal errors and possible merits issues;

  • drafting or reviewing written objections to the proposed development;

  • presenting objections at any public hearing held by an independent specialist planning approval body; and

  • advising and representing you in any legal appeal brought by you in respect of the application.

Our experience

Examples of projects with respect to which our Directors have demonstrated their experience advising on these matters can be found here.