Environmental & Planning Law
Development outcomes are shaped long before the approval is issued.
Harvard Legal advises clients through the regulatory framework governing land use, environmental protection and sustainable development in New South Wales — one of Australia's most active development environments.
Planning and environmental law in NSW rests on statutes including the Environmental Planning and Assessment Act 1979 (NSW), environmental planning instruments, the Contaminated Land Management Act 1997 (NSW), the Protection of the Environment Operations Act 1997 (NSW), the Waste Avoidance and Resource Recovery Act 2001 (NSW) and regulations concerning water management and biodiversity, administered by the state planning department and local councils.
Our planning law practice
- Development approvals and permits
- Guiding clients through the process of obtaining development approvals from local councils and state agencies, including preparing and submitting development applications, responding to agency or community objections, and managing modifications and appeals. We interpret local environmental plans, development control plans, state significant site designations and overlay zones affecting development potential.
- Strategic planning and rezoning
- Advising on planning schemes, rezoning proposals and planning policy reform, and assisting clients to engage with planning authorities where a change would support sustainable growth and development objectives.
- Environmental impact assessment
- Advising on the preparation of environmental impact assessments, managing statutory consultation processes and securing environmental approvals under the EPA Act and related legislation.
- Land use and zoning
- Interpreting zoning classifications — residential, commercial, industrial and conservation — advising on compliance with development standards, and managing the procedural steps involved in rezoning applications and modifications.
- Enforcement and compliance
- Advising on compliance with environmental laws, planning conditions and development approvals, and providing representation where authorities commence enforcement action such as notices for unlawful development or environmental breaches.
Frequently asked questions
What is a development application?
A development application is the formal application made to a consent authority — usually a local council or a state agency — seeking approval to carry out development. It must address the applicable environmental planning instruments and development standards.
Can a refused development application be challenged?
In many cases a refusal or a condition of consent can be the subject of an appeal or review. The avenue available depends on the type of development and the consent authority, and strict timeframes apply.
Discuss your matter with Harvard Legal.
We will explain your options, the process ahead and how we can assist.