Property Lawyers Sydney | Neighbour Disputes | Development Applications

Our Sydney Planning Lawyers will enforce your development rights

We will assist clients with their engagement with planning and consent authorities, in residential planning-related court matters and where orders are issued or other action is taken against private parties by government. Our Sydney planning lawyers provide advice and representation in relation to:

exempt and complying development,
civil proceedings in the Land and Environment Court (LEC) including:
- “Class 1 “merits appeals” against refusals to grant development consent.
  These appeals are a re-hearing of the development application and fresh or additional evidence may be given on the appeal. The Court hears and determines, on the facts and law applying at the time of the Court’s determination, whether to grant or refuse consent to the development application. The Court does not review the legality of the council’s decision. The Court’s decision is deemed to be the final decision of the council and is to be given effect accordingly
- “Class 4 “judicial review” of decisions made in relation to development consents.
  A judicial review is concerned with the legality of the decision (rather than the merits), such as whether the council had power to grant consent, whether the council followed the correct legal process in determining the application and whether the council took into account relevant considerations and ignored irrelevant considerations.

BOOK YOUR FREE 45-MIN CONSULTATION

NOTE:

Strict time limits apply to merits appeals and judicial review proceedings. Appeals against development application consents or refusals must be commenced by the applicant within 12 months of receiving notice of the decision. Appeals against consents for “designated developments” must be commenced with

orders issued under Section 9.34 of the Environmental Planning and Assessment Act 1979 (NSW) or Section 124 of the Local Government Act 1993 (NSW) including:
- Stop Work Orders
- Demolish Work Orders
- Stop Demolition Orders
- Repair Orders, and
- Restore Works Orders
Local Court of NSW civil proceedings in respect of planning or property law matters,
obtaining a Building Information Certificate to prevent the relevant council, for a period of 7 years, from making an order, or commencing proceedings for the making of an order or injunction under the Environmental Planning and Assessment Act 1979 (NSW) or the Local Government Act 1993 (NSW) requiring a building to be repaired, demolished, altered, added to or rebuilt, and
obtaining Construction Certificates and Occupation Certificates.

Sydney Development Application Lawyers

Our Sydney development application lawyers assist homeowners, architects, contractors and developers at every stage of the residential development application and assessment process to achieve a smooth transition from the conceptual phase through to approval by the consent authority.

Whether you are seeking approval for a garage conversion, renovation, extension or the construction of a large new residential property, our development application lawyers will guide you through the process and enforce your development rights.

Our development application services include:

preliminary advice on the development application process,
obtaining planning certificates and property reports,
pre-application engagement with neighbours, the community and council’s duty officer,
preparation of reports and plans,
drafting, compilation and lodgement of development applications,
post-application engagement with council’s assessment and specialist officers,
applications for a Modification of Consent under Section 4.55 of the Environmental Planning and Assessment Act 1979 (NSW) for changes to approved plans or conditions of consent, and
applications for a variation to development standards under Clause 4.6 of the relevant Local Environmental Plan.,

Our Sydney Neighbour Dispute Lawyers will enforce your private property rights

We assist homeowners in their disputes with neighbours where there are contested property rights, easement-related issues or disputes in relation to boundaries, trees and fences. Our Sydney neighbour dispute lawyers provide advice and representation in relation to:

matters involving easements, rights of way and covenants including:
- obtaining valuations and negotiating easements
- preparation of documents granting or releasing easements including deeds of agreement and Section 88B Conveyancing Act 1919 (NSW) instruments
- proceedings in the Supreme Court and Land and Environment Court in relation to easement or covenant issues including applications for imposing an easement on adjoining lands under Section 88K of the Conveyancing Act 1919 (NSW) and Section 40 of the Land and Environment Court Act 1979 (NSW)
boundary disputes including applications to the NSW Land Registry Services under Section 14A of the Real Property Act 1900 (NSW), proceedings brought under the Encroachment of Buildings Act 1922 (NSW) and appeals to the Land and Environment Court of NSW,
fence disputes and retaining wall disputes including applications to the Local Court of NSW or New South Wales Civil and Administrative Tribunal (NCAT) under the Dividing Fences Act 1991 (NSW),
tree disputes including proceedings in the Land and Environment Court under the Trees (Disputes Between Neighbours) Act 2006 (NSW), and
common law claims of nuisance or trespass.

Disclaimer

The information provided above is not to be taken or relied upon as legal advice and Jason Francis Commercial and Construction Lawyer will not be responsible for decisions made or acts or omissions undertaken in reliance on this information. It is information intended as a guide only. You should obtain independent legal advice in respect of any issue or query you may have after reading this information.

Liability limited by a scheme approved under Professional Standards Legislation.

What our clients are saying

I engaged Jason to draft an application for federal government approval in relation to mining operations in Papua New Guinea. Jason did a great job drafting and compiling the necessary documentation and we subsequently obtained the necessary approval.

Martin Wilson

CAVALIER GOLD PTY LTD

We became involved in a dispute with a builder following serious building defects in the early stages of the construction of our new home. We took the builder to court and were able to settle early without the cost of a hearing. It was a good result for us.

Helen Nguyen

FARFIELD EAST

Jason helped me with a difficult court matter which posed a real threat to my horse-training business. Thanks to Jasons professional and thorough preparation, I achieved a great outcome and my business was able to continue unaffected.

Stephen Byrne

HAT CREEK PTY LTD

I was in a very critical situation with a building company wanting money that was not owed to them. Jason was very understanding & professional in attempting to negotiate with the Company. I had a great deal of confidence that he would provide a positive outcome. I would recommend Jason highly to anyone dealing with a difficult situation in Commercial or Construction Law

Dianne Aslin

Frequently asked questions

How do you work?
We offer a free 45-minute initial consultation, which is considerably longer than what most firms offer. To provide as much certainty as possible, we give clear and accurate advice regarding our preferred approach to your matter, the strengths and weaknesses of your case, and the likelihood of success in litigated matters. We require funds in trust in advance of any work that we do, we take care to match your fees to our cost estimates and we do not charge for every email, brief telephone conversation or small task.
How affordable are your prices?
The affordability of our legal services begins with accurate and reliable cost estimates and efficiency achieved by skilled lawyers working quickly and leveraging technology. Beyond those factors, our hourly rates are competitive with other comparable firms. We have a genuine commitment to providing quality and value, and we work hard to minimise our clients’ expenses by resolving issues and disputes as efficiently and cost-effectively as possible.
What geographical areas do you service?
We service the entire Sydney metropolitan area and we also have regional, interstate and overseas clients. We have offices for face-to-face client conferences in Cronulla, Sydney CBD and Parramatta. However, regardless of your location, we are able to provide our services by telephone and video conferencing, and cloud-based document sharing. We also often conduct face-to-face conferences with clients at their offices or place of business where it is convenient and appropriate to do so.
Do you prefer a particular type of client? Plaintiffs or defendants? Builders or homeowners?
We act for all types of clients and we do not have a preference for any particular type of client. We will act for you and protect your interests with determination and sophistication regardless of whether you are suing someone or being sued.