Brian Phillips heads our team in this area. He is a qualified town planner and solicitor. He is caring and responsive to clients' needs and has a good rapport with other town planners and experts often used in these areas of law. He understands your problem and will act accordingly to help you in a cost effective manner. Brian has extensive experience in the Land & Environment Court
The incorrect submission of a Development Application can lead to extensive delays in their processing.
It is crucial that all relevant Council documents, such as the Council's Local Environmental Plan, Developments Control Plans, codes and policies are addressed in the submission of any Development Application. Most Applications will also require a Statement of Environmental Effects.
A significant reason for delays in processing Development Applications by Council is that the Application has not been completed correctly and relevant information required has been omitted. A thorough and careful preparation of a Development Application can save a considerable amount of time, cost and anguish.
Most Councils specify what information is required in a Development Application. The information will vary from Council to Council, however the substance is always the same.
A Development Application must be accompanied by a set of plans and written submissions in support of the Application. Unless the Development Application is for a very simple use of a property, it must be accompanied by an Environmental Impact Statement. These statements are crucial as they provide Council with material to assess the Development Application.
For more complicated land uses, a Development Application will require expert reports from such people as engineers, acoustic specialists, traffic consultants and fauna and flora experts.
Our Local Government and Environmental Division provides advice and assistance on all town planning matters. Brian Phillips is a solicitor and town planner, with ten years’ experience as a town planner in local Government and the private sector. Brian’s knowledge of the workings of Councils, is of valuable assistance in providing advice to clients who wish to submit development applications to the Council.
Brian’s advice covers the complete development application process, including the preparation of such applications and extending to advising on zonings, local environmental plans and development control plans. All these features come into play during the preparation and submission of a development application.
Where necessary, he also covers appeals to the Land and Environmental Court and other jurisdictions, where such matters may end up. Apart from appeals against Council’s decisions (or non-decisions) on development applications, he also advises on appeals for dissatisfied parties to a development application.
There are 5 classes of Appeal to the Land & Environment Court.
The most common appeal is a Class 1 Appeal against Council's refusal of a Development Approval or where the Applicant, 40 days after the lodgement of the Development Approval, is fed-up with the delay encountered with the Council.
Appeals can also be lodged in matters relating to ratings, valuation, breaches of relevant legislation and criminal matters, which are usually pollution related.
If Council issues a Notice of Intention to Serve an Order, no not ignore this Notice. Respond within the time permitted. Your response may result in no further action by Council.
If Council decides to convert the Notice into an Order you may appeal the Order within 28 days of receiving the Order. Alternatively, you can comply with the term of this Order.
Always check the Notice and any Order very carefully and make sure the details are correct in the Notice and the Order accurately reflects the details in the Notice.