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Planning Law

Expert legal advice about permissible development, rezoning, interpretation of development consent, monetary contributions, civil and criminal compliance and environmental matters such as contamination.

How we can help

  • Civil compliance (Land and Environment Court Class 4)
  • Criminal prosecution (Land and Environment Court Class 5)
  • Local Court prosecutions for offences against planning and environmental legislation
  • Easements
  • Development consent, complying development and exempt development
  • Penalty Notice / Development Control Orders
  • Planning due diligence

Expertise

The Land and Environment Court (LEC) has power to enforce the planning legislation in its civil jurisdiction (Class 4) to order certain actions be undertaken. The LEC also has power under class 5 of its jurisdiction to conduct the criminal prosecution of persons for breaches of the planning and environmental laws (those powers including fines and/or incarceration). Prosecution and/or appeals of penalty notice offences can also be undertaken in the Local Court. The SWS Property and Planning team have extensive experience in both prosecuting for Councils and defending persons against prosecution. We also advise clients in relation to penalty notices and development control orders.

Our team can also advise on the procurement of easements for drainage, vehicle access and the like. Proceedings for easements (where negotiations have failed) are undertaken in the Supreme Court and are very technical. The LEC has some jurisdiction to hear easement matters in limited circumstances.

We also act of landowners and developers in relation to contamination matters (land/water) and issues arising where the Environmental Protection Agency become involved.

The SWS Property and Planning team have extensive experience in conducting proceedings in the Land and Environment Court and Local Court.

We can also carry out planning (development controls, development potential, site constraints) and property due diligence as a pre-purchase service.

Their approach is always professional and delivered at a standard comparable to a capital city law firm. It is the clear strategic direction that has always impressed me about the SWS team.

-Director, Top 10 Australian Accounting Firm

We believe their ability to combine first rate legal expertise, commercial judgement and strong negotiating skills is rare amongst lawyers and provides us with a real competitive advantage in corporate transactions. We use SWS because of their ability, not their post code.

-Robert Radcliffe-Smith, Advent

The combination of rare legal expertise, commercial judgement and strong negotiating skills is rare amongst lawyers and provides us with a real competitive advantage in corporate transactions.

-Paul Valaire, Addcar

SWS has assisted with advice on securing and exercising complex property and commercial contractual rights and assisting with protracted contractual management and implementation. We value legal experts who can offer pragmatic and commercial legal solutions for our complicated matters. SWS Lawyers has consistently met these criteria.

-Leading AU/NZ Logistics Company

The team at SWS Lawyers have already showcased their professionalism, commitment, positive can-do attitude and insight into our needs and have a clear understanding of the disability sector.

-Garry West-Bail, Deaf Sports Australia
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