All types of development are governed under the relevant planning legislation. A land use is required to operate under the requirements of this legislation or the conditions of an approval which has been granted under legislation.
If Government raises issue with the lawful use of the land, they may issue Show Cause or Enforcement Notices which potentially limit how a land use is operating.
We can assist in navigating the requirements imposed under these Notices. We can provide strategies to address the requirements of a notice and ultimately ensure the land use is lawful. This may include co-ordinating discussions with Government to address the issues raised or potentially amending the approved land uses to comply with the relevant requirements.
Certain types of development are subject to public notification and provide opportunities for formal submissions to be made. We can assist you in preparing a submission during a public notification period, based on genuine planning grounds. This may be either opposing a development which is unreasonable under the relevant planning provisions or supporting a development which has benefit to the local community.
Planning legislation also changes over time and as Government proposes changes, there are opportunities to have input into these changes. We can review changes to planning legislation and advise how they would impact a piece of land.
We are able to provide assistance in constructing a submission, either for or against a proposed change to planning legislation. Our input in based on planning grounds and our aim is to ensure you are well represented when putting a submission forward.
When Government make a decision to a development application, it is subject to certain rights of appeal. Should you seek to oppose a planning decision, we can provide you with the details of specialist solicitors and give planning advice throughout the appeal process.
This process may proceed to mediation, where we can provide assistance in negotiating with other parties. Appeals may also lead to a formal hearing in court, and we can provide advice in relation to the use of specialist expert witnesses as required.