Characterisation refers to the process of properly defining a use (or ‘development’) that is, or is intended to be, carried out. The process of characterisation is critical in some cases, as the permissibility of a...
If you are unhappy with the determination of council in relation to your development application, you can appeal that decision under section 97 of the Environmental Planning and Assessment Act 1979 (EPA Act). This avenue...
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...
In the hierarchy of planning law the Environmental Planning and Assessment Act 1979 (EPA Act) and associated Regulation sits at the top. The Act establishes the system of planning and environmental assessment for the state...
Please don’t. Trees and fences generally have a way of turning neighbours against one another. So much so, in fact, that the NSW Government enacted specific laws to deal with both: the Trees (Disputes Between...
Don’t panic! The first thing you should do is contact the council officer who has given the order and discuss the matter with them. It is unusual for a council to give orders without some...
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...
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...
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...
Basically, if at any point in the course of your development you need a certificate, like a construction certificate or a complying development certificate, you need a certifier. Though there are additional circumstances in which...
