Environment and planning law is a complex area that can be difficult to comprehend and comply with. Understanding how small-scale developments work and the procedure involved in bringing a development application to council can alleviate stress and delay later on.

In NSW the primary legislation under which developments are regulated is the Environmental Planning and Assessment Act 1979 (EP&A Act). Other states and territories have similar legislation. Regional planning codes and local planning instruments also determine the types of developments that are permitted in certain areas.

Procedural compliance is important in this area of law. This means you must strictly adhere to certain procedures and timeframes when undertaking a development on land. These may include:

• the submission of applications;
• consultation with duty planners;
• consultation with neighbours;
• appointment of a Principal Certifying Authority; and
• ensuring compliance with the wider regulatory framework such as the Building Code of Australia.

This Legal Guide on Environment & Planning Law provides private individuals and small-scale developers in NSW with information about the types of development that are recognised in Australia and the general development process. It may also be useful for people in other states and territories. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

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Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.