Environment & Planning

Our Environmental and Planning Lawyers advise clients on areas such as town planning, development assessment, environment, land access, heritage and compulsory land acquisition and compensation. Matters can be dealt with in court or through other dispute resolution processes.

Subdividing land requires following a strict process for approval and development. The process includes a feasibility assessment, surveys, Development Application with local Council, a Plan of Subdivision, the creation of easements and restrictions and the lodgement of the Deposited Plan for creation of Title documents.

You cannot appeal a heritage listing just because you disagree with the decision to list, however, the validity of the decision can be challenged in the Land and Environment Court if you believe the correct legal process was not followed when making the listing.

Our environmental lawyers in Sydney have assisted Federal, State and Local Governments, developers, and waste service providers of all sizes with issues related to land contamination and audits. Have a look at our waste regulations and environmental law page to learn more about Environment Protection Authority investigations or contact us today.

At Hones Lawyers, we can assist you with every stage of the development application process. Our services include providing advice on the feasibility of your project, preparing and submitting development applications, negotiating with local councils and other authorities, and representing you in any legal disputes or appeals. We will ensure that your development complies with all relevant laws and regulations, helping to streamline the approval process and mitigate potential legal issues.

If your development application is rejected or refused, it is important to understand the reasons for the rejection or refusal and explore your options. At Hones Lawyers, we can help you review the decision, advise on the grounds for appeal, and represent you in appeal proceedings before the Land and Environment Court. We can also assist in negotiating amendments to the application to address the concerns raised and improve your chances of approval upon resubmission or appeal.

For a major development project, several key environmental approvals may be required to ensure compliance with local, state, and federal laws. These may include:

1. Development Consent: Approval from the local council or planning authority under the relevant state or territory planning legislation, such as the Environmental Planning and Assessment Act 1979 (NSW).
2. Environmental Impact Statement (EIS): A detailed assessment of the potential environmental impacts of the project, often required for large or environmentally sensitive developments.
3. Water and Waste Management Licences: Approvals from state authorities like the Environmental Protection Authority (EPA) for managing water usage and waste disposal.
4. Heritage Approvals: Permits under heritage conservation laws if the site has cultural or historical significance, such as those under the Heritage Act 1977 (NSW).
5. Biodiversity Conservation Approvals: Assessments and permits to ensure the protection of local wildlife and natural habitats, potentially under the Biodiversity Conservation Act 2016 (NSW) or the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

At Hones Lawyers, we can guide you through the process of obtaining these approvals, ensuring that your project complies with all relevant environmental regulations and minimising potential legal challenges.