We offer planning law advice and representation for development and subdivision approvals, compulsory land takings, injurious affection, development contribution plans, rezoning and planning scheme amendments.
Development and subdivision approvals
We can assist developers and landowners with a variety of development, building, and subdivision approvals. We can also represent you in seeking review in the State Administrative Tribunal against decisions of the Western Australian Planning Commission, local governments, and Development Assessment Panels.
Similarly, we can act for you if you are seeking to become involved in planning decisions that affect your property rights. We have provided advice and representation to enable third parties to planning decisions to intervene or make submissions a legitimate interest is established.
We have assisted clients challenge conditions on development and subdivision approvals that are overly harsh, unreasonable or are not sufficiently related to the impacts created by the approval. We can provide assistance at the draft conditions stage or once the conditional approval has been granted by lodging review proceedings at the State Administrative Tribunal.
Development Contribution Plans
Our team understands the challenges that can be raised by development contribution plans and are well placed to help you negotiate fair contributions. We have assisted developers challenge the valuation appeals process, negotiate the scope of development contribution plans and provide advice on what might be unreasonable terms or demands.
Planning and building prosecutions
We can represent you if have been charged with committing unauthorised development, breaching planning conditions, unauthorised building work or non-compliance with building notices. We have advised clients on potential defences that may apply and on entering a plea in mitigation for sentencing. We can also advise you on the likely range of penalties that offences attract.
Rezoning, scheme amendments and structure plans
We understand developers’ business of unlocking the development potential in land. We can help you with advising and managing the process of complex scheme amendments, changes to local development plans and structure plans. We have a strong network of planners and experts that we can leverage off to help support your proposal and get you the outcome you are seeking.
We have also acted for clients challenging scheme amendments at the local government level, making submissions to the Western Australian Planning Commission and Minister for Planning and in the Supreme Court. We understand the political backdrop that is present in many significant planning proposals and help you to focus your efforts and resources to strive for the best possible planning outcome.
Land use conflict
We have represented clients in situations where a new development proposal in the locality threatens to create a conflict with an existing use by a landowner or business. We can advise you on your rights, possible legal avenues and alternative avenues to ensure your rights are not unduly impacted. We have helped clients achieve negotiated outcomes through creating a dialogue with stakeholders, ensured appropriate conditions are placed on new developments and made deputations at council meetings to inform decisions makers of clients’ impacts and concerns.
We can advise you on the process involved in seeking the appropriate approvals and consents to commence works on buildings with heritage status or that have aspects of heritage value. We have also acted for clients seeking to prevent unauthorised building works on items of heritage value that form part of buildings.