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...
Publications
Legal articles, guides, and resources from PDC Law’s expert team.
What is the difference between an approval and a consent?
There is an important difference between an approval and a consent, insofar as land use is concerned. Both the Local Government Act 1993 (LG Act) and the Environmental Planning and Assessment Act 1979 (EPA Act)...
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....
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...
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...
Can I object to someone else’s development?
Yes. A person who considers that there are planning grounds for not approving a development, may raise an objection. When a development application is lodged with a council, that council must, as soon as practicable,...
When do I need a certifier?
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...
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...
