Can I cut down a tree in my own yard?
I have acted both for and against many people who have cut down trees and regretted it. As a matter of caution, contact your local council before you fire up the chainsaw. Every Local Environmental...
Planning Law
Do I have a right to the views from my house?
Unfortunately, not. No one has a right to a view to be maintained for their property indefinitely. This can be quite devastating for someone who has enjoyed ocean views for a number of years, only...
When can Council come onto my land?
Councils have broad ranging powers of access to private property under the Local Government Act 1993 (LG Act) (s 191), the Environmental Planning and Assessment Act 1979 (EPA Act)(s 119D), as well as the Protection...
How are consents interpreted?
The terms of a development consent can have a significant impact on how a development is carried out and the extent of the use to which the land is ultimately put. Additionally, if you fail...
Do I always need development consent?
No, not always. Consent is not required for development that is exempt or complying development under the State Environmental Planning Policy (Exempt and Complying Development Code) 2008. Click here to see our article on exempt...
Challenging a council consent (as a third party)
The rights of third parties in the development process are relatively limited. Generally, as an affected neighbor, you will be notified by council of the proposal and invited to make submissions on how the development...
Council has refused my development application. What can I do?
If Council has refused your development application, you have the right to appeal the refusal. There are different appeal types and how you proceed will depend on your individual circumstances and what you would like...
How can I get access to government information?
The Government Information (Public Access) Act 2009 (GIPA Act) contains the relevant provisions which entitle members of the public to have access to documents which are not protected by legal privilege or other privacy-related exclusions....
The difference between Torrens, Strata and Community titles
Torrens Title is based on the notion of ‘ownership by registration’. You register your ownership of land with NSW Land Registry Services (LRS). Basically, if you have properly registered yourself as the owner of land,...
Deconstructing Construction Certificates
What is a Construction Certificate? Section 109C(1)(b) of the Environmental Planning and Assessment Act 1979 (EPA Act) provides the definition of a Construction Certificate (CC) as follows: (b) a construction certificate, being a certificate to...
