Development Applications (DA) are formal requests for permission to carry out a development. ‘Development’ is defined under the Environmental Planning and Assessment Act 1979 as:
- the use of land;
- the subdivision of land;
- the erection of a building;
- the carrying out of work;
- demolition; or
- any other matter controlled by an environmental planning instrument.
All development – except exempt or complying development – requires a Development Application.
Opposing a neighbourʼs DA
Are one of your neighbours intending to develop or redevelop their property in a manner which you believe is unsuitable or damaging to your property?
Formal approval is always needed to preserve the design of a particular locality and to avoid untoward impacts. There are a host of interested parties that can oppose a DA. As an adjoining landowner, you have the right to formally submit an objection to a proposed development application to your local council.
The legal team at Unified Lawyers can prepare your submission and represent you through the process.
Any development application is a public matter. If a property adjoining your property has filed an application, you will be notified.
You may be notified by a sign on the property, a notice in the local newspaper, or generally, you will receive a registered letter from the council. Within the letter, you will see a date by which you need to submit any objections to the proposed development. That deadline is important because if you desire representation, you must allow your solicitor adequate time to undertake investigations and prepare a response.
Worried about costs?
Unexpected legal fees are a significant concern in any matter and can cause stress for many clients.
Where possible, we provide you with detailed fixed fee costing for our services or a blended fee arrangement.
Unlike other firms, you will not see costs on your bill for phone expenses, faxes, postage and photocopying as these are our costs and not yours.
If you believe a DA should not be approved, you may need to follow certain formalities in opposing it.
Telephone inquiries or oral complaints are generally meaningless. All submissions must be in writing, lodged with the appropriate governmental agencies or councils, and need to clearly identify you and the address at which you own the adjoining property.
Our Sydney development application lawyers prepare submissions opposing development applications all the time. Once you retain us, we will discuss the grounds or reasons for your objections. We will help you to be specific, as you canʼt simply state that you donʼt approve or dislike a proposed project.
You can address such issues as how the proposed development interacts with your property and others, blocks sunlight, is unsympathetic to the amenity of your property, additional noise or street traffic, potential impacts on drainage or other environmental concerns, and if the proposed development is commercial or industrial, issues relating to these uses.
If there are heritage concerns or agricultural interests at stake, these may also be relevant to your submissions.
At Unified Lawyers, we understand that having proper consultants can help identify and set forth the most critical issues in objecting to a development. While the process is public, there are certain personal details that can be omitted from public on-line records to protect your privacy. Our lawyers know the process intimately and will advocate for your right to protect your property interests.
In addition, at Unified Lawyers we work closely with our associated town planners, ensuring that all angles are covered when submitting objections to a development application.
Any submission objecting to a development application needs to comply with certain formalities and dates. Failure to do so may render your objection moot. Even if it is considered, if it is improper in form or not timely, you may be foreclosed from appealing an adverse decision.
Our DA solicitors will ensure that your submission to the council is lodged appropriately and timely. Moreover, we understand that you want more than competence. We offer attentive, personalised and cost-effective representation. Our practice philosophy is always “client-first” and so we listen and understand your concerns.
We know how to simplify complex issues and prefer pragmatic solutions to these difficult property concerns. That said, if amicable means to resolve the dispute are unsuccessful, we litigate matters in all of the appropriate courts and tribunals throughout the area.
In addition to private individuals, our development application lawyers can also work with community groups, especially those interested in heritage issues or environmental impacts.
Unified Lawyers is your local source. We understand the greater Sydney area, and property issues throughout New South Wales. We work hard to zealously advocate for our clients and our community. Feel free to contact our firm and speak with one of our development application lawyers. We are happy to discuss your situation, and if mutually agreeable, represent you in your opposition to a development application.