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Practice Areas

Planning law & advice

This practice area involves, mostly, clients with development applications ("DAs") lodged with local councils.  The DA process can be very difficult and time consuming for many different reasons.

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Often, strategic advice is needed, at least initially, to see what prosects there are to obtain a consent. Sometimes it could be that strategic or legal advice, or a legal submission is required, on a particular issue, so that the DA may progress.

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We often give advice on development consents after they have been issued - one aspect we regularly give advice on is whether a consent has lapsed or not.   It is not as simple as looking at the expiry or lapsing date on the consent - in some cases there may have been physical commencement of works under the consent which keeps the consent alive beyond the lapsing date in a consent.

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Where a DA has stalled, or reached an impasse, sometimes the only way forward may be to commence an application to the Land & Environment Court so that conciliation may occur and if not resolved, then the Court may finally decide the DA - see below.

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Sometimes a development may not proceed as approved, and advice and action may be needed to help get things back on track, whether acting for the developer or a neighbour.

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We can also prepare submissions to local councils for clients who want to have their say about a DA that impacts them.

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We have also often given advice on existing use rights which can be a very valuable and important right to establish in some cases where an existing use would otherwise no longer be possible under current planning laws.

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While we have acted, and do act for local councils from time to time it is usually in relation to property matters - advice or disputes, or perhaps where the council may have its own development challenge rather than assisting local councils to oppose DAs.

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Property disputes & litigation

There is a wide range of property disputes that can arise between people who are trying to protect, or advance their interests, in property.

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Over the last 20+ years we have advised and acted in many different types of property disputes, some of which were the subject of litigation (Supreme Court primarily) including disputes about:

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  • development agreements for hotels, shopping centres, hospitals & other types;

  • rights and obligations under easements;

  • make good obligations at the end of commercial or retail leases;

  • hotel leases and management agreements;

  • neighbour disputes;

  • Cy-pres schemes involving substantial property interests; and,

  • hotel development and lease agreements; 

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Land & Environment Court

Our focus is on the following types of matters in the Land & Environment Court:

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  • appeals in respect of refused DAs or DAs not determined yet - conciliation usually take place first to try to agree on an approval, and if not resolved, then the Court stands in the place of the local council to decide the DA;

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  • appeals against orders issued by the Council, in relation to unapproved, or non compliant, works and uses;

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  • defending or commencing appeals seeking Court orders relating to:

    • validity of development consents;

    • whether development consents have lapsed; or

    • whether works carried out or the use of a building or land, is being carried out in accordance with the development consent.

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While our focus is on the above types of matter we have also acted in other types of cases in the Court and are happy to discuss your needs.

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Negotiations & drafting

Although we do not focus on property transaction work, we have substantial experience in negotiating and drafting agreements relating to property interests and rights especially.

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Negotiating and drafting also often arises out of the above types of work where a negotiated outcome is reached and needs to be documented.

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