Introduction to Environment & Planning Law
Environment and planning law is a complex area that can be difficult to understand and comply with. In NSW the primary legislation under which developments are regulated is the Environmental Planning and Assessment Act 1979. 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. Understanding how small-scale developments work and the procedure involved in bringing a development application to council can alleviate stress and delay later on.
Small property development may involve building new buildings or renovating existing buildings. Before development begins you should make sure you know what legal requirements apply. You may need certain permits to be able to carry out your projects. If you do not get these permits you might be ordered by a tribunal or court to take down your development and restore the property to what it used to be. This can result in a high amount of cost and great disappointment.
It is important to be familiar with the laws affecting your property development. In particular it is important to make sure you are familiar with the time limits that apply if you are applying for a permit. Sometimes the decision maker has no power to extend a time limit so it is important that you meet the relevant time limit.
When a planning application is made community members usually have an opportunity to have their say. Community members may include interest groups such as environmental organisations or individuals. You may become aware of a planning application through a letter in the mail or by seeing a sign displayed on someone’s land. You can have your say by making a written submission. You do not need to be a professional or an expert in the subject matter to make a submission. A submission usually involves writing a letter to the council expressing any agreement, concerns or ideas. The council will take submissions into account when making their decision. Submissions do not have to be lengthy but should clearly get your point across.
Making a submission gives you the right to appeal any later decision made by the council in relation to the matter. Strict timeframes may apply so it is important to stay informed and be organised. Having your say is important because planning permits can affect your living quality and can affect the value of your property.
The procedure for having your say differs between states and territories so it is important to check the website of the environment and planning authority in your particular state or territory.