Planning and development approvals are a crucial part of building or renovating property in New South Wales. Whether you are a homeowner adding a new extension, a developer undertaking a large residential project, or a business establishing new premises, navigating the approval process can be complex. Understanding how the system works and requesting legal assistance from our land and environment court solicitors at Szabo & Associates Solicitors can help you save time, money, and frustration.
What Is Development Approval?
In NSW, a development approval (DA) is formal permission from your local council or another planning authority to carry out a development. Development can mean anything from subdividing land and constructing new buildings to changing a property’s use or making significant alterations. Development approvals typically involve two main steps:
- Development Application (DA): This outlines the proposed development and must be assessed under the relevant planning laws.
- Construction Certificate (CC): Once the council approves your DA, the CC confirms that your proposed building plans meet the Building Code of Australia and other applicable standards.
Some developments may be exempt or complying developments, meaning they may proceed without full DA approval, provided specific criteria are met.
Key Legal Considerations
The Environmental Planning and Assessment Act 1979 primarily governs planning in NSW. Each local council also maintains a Local Environmental Plan (LEP), which sets out zoning and land use regulations. Your proposed development must align with the LEP and other relevant planning instruments, such as State Environmental Planning Policies (SEPPs). Legal issues may arise when:
- A development conflicts with zoning requirements
- Neighbouring property owners lodge objections
- Conditions of approval are unreasonable or unclear
- An application is delayed or refused
In such cases, guidance from our land and environment court lawyers can help resolve compliance concerns, negotiate changes, or prepare appeals in the Land and Environment Court.
Common Pitfalls
Even simple developments can face setbacks without proper planning. Common mistakes include:
- Failing to review zoning restrictions
- Overlooking heritage overlays or environmental protections
- Submitting incomplete or unclear documentation
- Ignoring community consultation requirements
- Breaching approval conditions during construction
These issues can lead to project delays, legal disputes, fines, or demolition orders.
How Our Land and Environment Court Solicitors Can Help
Engaging our legal team early can significantly improve your project’s success. Our solicitors can:
- Review your proposal for legal and planning compliance
- Prepare or assess development applications
- Advise on exemptions and complying developments
- Interact with council or state planning bodies
- Represent you in objections, disputes, or appeals
For more complex or high-value projects, having legal representation helps protect your interests throughout the process.
Schedule a Consultation with Szabo & Associates Solicitors Today
Do not let the complexities of the planning process delay your project. If you are planning a development in NSW, reach out to Szabo & Associates Solicitors today. Our knowledgeable land and environment court lawyers can help you move forward confidently, minimising risk and maximising results. Contact us now to schedule a consultation for assistance with your planning application or appeal.
