Obejcting to Development Applications in NSW

A development application is a formal request to a local council or a government body for permission to carry out a development.

Under NSW laws, a development can include:

• Subdivision of land
• Building a new house or other significant structure
• Works including laying pipes for plumbing or pruning a significant tree
• Demolition of a building

You must have a development application for any development works unless they fall into the special categories of exempt or complying. Permitted developments change from area to area throughout NSW, depending on zoning laws and other environmental laws and regulations.

Sometimes, working out whether a development requires approval is complex. We can help you with this process. Contact us today to learn more about the different types of development.

Approval from a local council or government authority is usually needed for proposed developments (unless they're considered exempt or complying). It's an essential part of the town and city planning process because the aim is to preserve the area to ensure:

• There's good design
• The people living there can enjoy their lifestyles
• Any environmental impact is kept to a minimum

The person or company planning the development must lodge a development application with the appropriate authority. Once this happens, it becomes a public matter. You will be notified of the application if the proposed development adjoins your property.

During this process, you have the opportunity to object to the development.

In reaching its decision, the authority will consider:

• The development application
• Any objections
• Relevant laws and regulations

It will then write to the developer to advise whether the application is approved, rejected or whether changes need to be made before approval is granted.

No. When a development application is lodged, you will be notified of the proposed development if your property adjoins the proposed development site. Notification is usually by a letter from your local council. You may be notified by a sign on the proposed development site or a notice in your local newspaper.

The notification will tell you how to object to the development and give you a deadline. It's crucial that you meet this deadline because the council (or other authority) may not accept your objections after this date. If you wish to seek legal advice, you need to allow your lawyer enough time to investigate and prepare an objection letter before the deadline.

You can also ask for more time to respond by sending a letter or email to the council (or other authority). If they give you an extension, make sure they advise you in writing (by letter or email).

The development application notification letter you received from the council (or other authority) will tell you where and how you can view the plans. You can ask an officer to explain the plans to you. Ask plenty of questions to make sure you understand the proposed development and how it will impact your property.

If you're concerned about the application, you can send an objection letter to the council or other authority.

The objection letter must:

1. Be in writing
2. Be sent to the appropriate council or authority
3. Identify you and the address of your property.
4. Be sent within the timeframe set out in the notification (usually 14 days)

However, writing an objection letter can be a difficult task. You may worry that you don't know how to write it and you may feel stressed at trying to make sense of all the plans and reports.

Our development application lawyers have significant experience in preparing objection letters. They can act immediately to help you. The most crucial thing is that you contact us as soon as possible.

You can object to your neighbour's development application by submitting an objection letter or by lodging a submission to the relevant council. To do so properly, you will need to clearly outline how your neighbour's development application does not comply with all the relevant standards or guidelines. 

Council generally provides you with a notification period of 14 days to lodge written submissions outlining your objections.  If you do not lodge your written submissions within this period, there may be a risk that Council will not consider your concerns and objections.

Once you let us know about a development application notification, we can contact the council (or other authority) to ask for more time to review the plans and reports. It will give us time to consider the application, conduct research and draft a detailed objection letter.

Then we'll arrange a meeting with you to discuss your concerns and help you identify the specific reasons for your objections. For example, the development may:

• Block sunlight
• Be unsympathetic to the convenience and comfort of your property
• Create additional noise
• Increase street traffic
• Potentially impact drainage
• Be at odds with heritage considerations
• Affect agricultural interests
• Cause other environmental concerns
• Create other issues relating to the proposed use of the land

We will review all the plans and other documents submitted to the council (or other authority) as part of the development application and any council instruments. If necessary, we'll request any outstanding documents and discuss the planning application with other experts.

We will consider grounds for objection and conduct further research if necessary. Then we'll draft the objection letter, focusing on minimising the impact of the proposed development.

Remember that a council or authority must consider every planning application and every objection. We recommend sending an objection letter if you're concerned about a proposed development, regardless of whether you believe the application will be approved.

Our development application team is led by our co-founder, Dominic Nguyen. He is widely regarded as a leading building and construction lawyer in NSW, with more than 15 years of experience in the legal and construction industries. His impressive knowledge in both areas has been a significant advantage for his clients, with a considerable objection letter success rate.

Dominic and our legal team also understand how to protect your privacy, especially in public online records.

Often, the key to a successful objection is to act as quickly as possible. If you're concerned about a development application in NSW, our lawyers can help. Contact us to learn more.