Range of Services
 
We can provide legal advice and services to assist people, corporations and government agencies in respect of local government, planning and environmental law matters. Listed below are services we provide to our clients.

1.  Services to councils and state agencies;

2.  Services to developers;

3.      Disputes with local councils;

4.  Disputes with State agencies and certifying authorities;

5.  Disputes with neighbours; and

6.  Environmental offences.

1.       Services to Councils and State Agencies

We regularly provide legal services to councils and state agencies on their obligations, duties and functions under various Acts and subordinate legislation, including:

• Environmental Planning and Assessment Act 1979;
• Local Government Act 1993;
• Protection of the Environment Operations Act 1997;
• Roads Act 1993;
• Administrative Decisions Tribunal Act 1997
• Companion Animals Act 1998;
• Contaminated Land Management Act 1997;
• Freedom of Information Act 1989;
• Heritage Act 1977;
• Independent Commission Against Corruption Act 1988;
• Interpretation Act 1997;
• Land and Environment Court Act 1979;
• Mining Act 1992;
• National Parks and Wildlife Act 1974;
• Native Vegetation Act 2003;
• Rural Fires Act 1997;
• Swimming Pools Act 1992;
• Threatened Species Conservation Act 1995;
• Water Management Act 2000; and
• Land Acquisition (Just Terms Compensation) Act 1991.

We are able to advise on administrative law matters, including:

• the drafting of notices of intention to give orders and of orders under sections 121B of the EP&A Act 1979 and section 124 of the Local Government Act 1993;
• the prospects of successfully defending an appeal against any of those orders;
• the drafting of provisions to be included in draft environmental planning instruments and development control plans;
• codes of meeting practice;
• codes of conduct;
• plans of management for land classified as community land under the Local Government Act 1993;
• the compulsory acquisition of land by a council or state agency;
• requests for information under section 12 of the Local Government Act 1993 and Freedom of Information Act 1989 and the effect of the Privacy and Personal Information Protection Act 1998;
• pecuniary interest provisions and duties of disclosure under the Local Government Act 1993;
• delegation of functions under the Environmental Planning & Assessment Act 1979 and Local Government Act 1993.

     We provide services and advise on employee matters such as:

• occupational health and safety;
• public and personal liability ;
• industrial relations;
• employment contracts;
• equal employment opportunity; and
• remuneration of councillors and mayors.

    We provide services and advise on property and commercial matters such as:

·      the purchase and sale of land;

·      the preparation of leases and licences of public land;

·      sale of land for overdue rates;

·      sale of closed roads and other transactions under the Roads Act 1993, including leases and licences of roads and air space above roads;

·      advice on commercial arrangements for joint venture and public - private partnership arrangements for the redevelopment of land and use of public land;

·      the drafting of agreements for joint venture and public - private partnership arrangements;

·      advice on tax implications joint venture and public/private partnership arrangements; and

·      advice on compliance with the requirements of the Trade Practices Act 1974.

    We can represent councils and state agencies in litigation in matters such as:

·      prosecutions in the Local Court or the Land and Environment Court;

·      judicial review proceedings for or against a council or state agency in the Land and Environment Court;

·      merit appeals against refusals of development applications and orders in the Land and Environment Court;

·      proceedings in appellate courts; and

·      administrative review proceedings in the Liquor Licencing Court and Administrative Appeals Tribunal.

2.         Services to developers

We provide a complete package of services to developers ranging from the carrying out of commercial transactions to the gaining of planning approvals to statutory planning, environmental and employment matters at the project management stage.

Our services include:

• advice on statutory planning requirements at project design stage and prior to development application lodgement;
• advice on dealing with issues and objections raised by a consent authority or third parties at development application assessment stage;
• advice on the use of State Environmental Planning Policy no. 1;
• advice on commercial arrangements for joint venture and public/private partnership arrangements for the redevelopment of land and use of public land;
• the drafting of agreements for joint venture and public - private partnership arrangements;
• advice on tax implications of joint venture and public - private partnership arrangements;
• advice on compliance with the requirements of the Trade Practices Act 1974;
• sale, purchase, leasing and licencing of land;
• occupational health and safety;
• public and personal liability;
• industrial relations; and
• employment contracts.

3.         Disputes with local councils

Our services include:

·      Access to Council records under the Freedom of Information Act and Local Government Act 1993;

·      Rights of appeal against a Council’s decision to refuse or approve a development application;

·      Prospects of succeeding in an appeal to the Land and Environment Court or successfully defending proceedings commenced against you by a local council or private individual;

·      Advice to third parties on rights of appeal against a Council’s decision to refuse or approval a development application;

·      Representation in the Land and Environment Court in proceedings by Councils for breaches of the Environmental Planning and Assessment Act 1979, Local Government Act 1993, Protection of the Environment Operations Act 1997, Companion Animals Act and other local government and planning legislation;

·      Advice to applicants prior to lodgement of a development application on prospects of obtaining development consent;

·      Advice regard a council’s refusal or approval of an application under a tree management order;

·      Advice regarding Council orders under the Environmental Planning and Assessment Act 1979 and Local Government Act 1993 for illegal or unauthorised development;

·      Reclassification of Council owned land;

·      Advice on rights of appeal to the Land and Environment Court against refusals of applications for a building certificate;

·      Appeals against rating decisions;

·      Advice on appeals against rezoning of land;

·      Advice on the impact of, and rights of appeal against, proposed heritage listings;

·      Preparation of written objections to proposed development; and

·      Advice on the preparation of objections to development standards under State Environmental Planning Policy no. 1.

4.         Disputes with state agencies and certifying authorities

Our services include:

·      Access to government records under the Freedom of Information Act;

·      Rights of appeal against a state agency’s decision to refuse or approve a development application;

·      Prospects of succeeding in an appeal to the Land and Environment Court against an agency’s refusal to grant development consent;

·      Advice to third parties on rights of appeal against an agency’s decision to refuse or approval a development application;

·      Advice to applicants prior to lodgement of a development application on prospects of obtaining development consent from an agency;

·      Advice on rights of appeal against refusal of applications for construction, compliance, subdivision or occupation certificates;

·      Advice of notices issued by certifying authorities under section 109L of the Environmental Planning and Assessment Act 1979; and

·      Appeals against valuation and compulsory acquisition of land.

5.         Disputes with neighbours

Our services include:

·      Advice on owner’s liability under the Dividing Fences Act 1991;

·      Advice on rights of access to neighbouring land under the Access to Neighbouring Land Act 2000;

·      Illegal structures and uses on neighbouring properties;

·      Preparing written submissions objecting to development applications on neighbouring properties;

·      Advice on proposed tree removal and rights of appeal against a Council’s decision to allow removal of a tree under a tree management order;

·      Advice on matters under the Trees (Disputes Between Neighbours) Act 2006, and appear in related Land and Environment Court proceedings;

·      Advice on rights of appeal against a consent authority’s decision to approve development on a neighbouring property;

·      Advice on the impact of heritage listing of neighbouring properties; and

·      Advice on the reclassification of neighbouring public land from community to operational under the Local Government Act 1993.

6.         Environmental offences

Our services include:

• Advice on prospects of successfully defending, or appealing against convictions for criminal charges under Environmental Planning and Assessment Act 1979, Local Government Act 1993, Protection of the Environment Operations Act 1997, Companion Animals Act 1998 and other local government and planning legislation;
• Advice on licensing requirements for scheduled and non-scheduled activities under the Protection of the Environment Operations Act 1997; and
• Representation in the Local Court, Land and Environment Court and Supreme Court for such proceedings.