At Broadley Rees Hogan, our Planning and Environment team provides practical and specialised legal services for developers, local governments, state entities and other parties involved in the development industry.
With a heavy focus on avoiding costly and protracted legal proceedings wherever possible, our team is highly skilled in the dispute resolution process and negotiating outcomes. Our areas of practice include:
Planning and Environment Court
We specialise in appeals to the Planning and Environment Court on behalf of developers, local governments and third parties, including appeals against local government and referral agency refusal of development applications (including of pre-1946 and pre-1911 demolitions), conditions of development approvals, and submitter appeals. We also specialise in Originating proceedings in the Planning and Environment Court seeking various declarations and orders in respect of non-compliances and other disputes, including permissible changes to existing Court ordered development approvals and revival of lapsed development approvals. We are experienced in all aspects of proceedings in the Planning and Environment Court, including negotiations and mediations, briefing experts and Counsel and Court appearances generally.
We have extensive experience in providing advice in respect of all town planning and environment issues, including pursuant to repealed legislation such as the Local Government Act 1936, the Local Government (Planning and Environment) Act 1990, the Integrated Planning Act 1997 and the current Sustainable Planning Act 2009, in respect matters such as historical land use rights, rights and entitlements, historical development approvals, and lapsing of development approvals generally. Our experience includes all aspects of local government advice, including matters arising under the Local Government Act 2009 and local laws, and other legislation such as the Vegetation Management Act 1999, the Building Act 1975, the Plumbing and Drainage Act 2002, and the Environmental Protection Act 1994. We specialise in providing advice in respect of local government planning schemes, regional plans and other planning instruments.
With dual town planning and legal qualifications, our specialist team are experienced in all aspects of development applications, including advice in respect of levels of assessment, compliance with the Sustainable Planning Act 2009 and other applicable legislation, transitional requirements, public notification and submissions, referral agencies and referral triggers, compliance with applicable codes and other planning instruments, IDAS, development approval conditions, requests for negotiated decision notices, and compliance with local government planning schemes generally. We also assist with representations in support of negotiated decision notices and lapsing of development applications and development approvals.
We specialise in enforcement proceedings and advice about development offences and offences under the Sustainable Planning Act 2009, and other legislation including the Building Act 1975, Public Health Act 2005, Plumbing and Drainage Act 2002, Environmental Protection Act 1994, and local laws. Our extensive experience includes responses to show cause notices, compliance notices, appeals against enforcement notices, Magistrates Court prosecutions on behalf of local government authorities and other parties, penalty infringement notices, and enforcement proceedings generally in the Planning and Environment Court.
Our extensive experience includes advice in respect of acquisitions and resumption of land under the Acquisition of Land Act 1967, compensation claims and Land Court proceedings generally.
We are experienced in all aspects of infrastructure, including drafting and negotiating infrastructure agreements, advising in respect of infrastructure credits and offsets, adopted charges, trunk infrastructure, Local Government Infrastructure Plans, levied charges generally, and appeals against infrastructure charges notices.