Home » Not objecting to proposed developments can narrow your options

Not objecting to proposed developments can narrow your options

Posted by Nexus Support | 22 April 2020 | Land & Environment Court

Every so often we receive a letter in the post from the local council advising that a development is proposed next door and that you may lodge a submission.

Whilst it may be tempting to throw such a letter into the bin, this would severely limit your options should you wish to object to the development further down the track.

Current planning policy is seeking to increase residential densities as well as increasing affordable housing stock.

This means that planning controls are now permitting higher density residential developments in what have been traditionally low density residential suburbs.

If a development is proposed next door that could have a negative impact on the amenity of your property, then it is essential that you use the opportunity to lodge an objection with the council prior to any decision being made.

Not objecting to proposed developments can narrow your options because following the issuing of a development consent, the only option to challenge that decision is by way of judicial review in the Land and Environment Court.

This means that you would have to prove that there has been a serious legal error in the decision-making process.

There are also significant costs in running such a case.  It would usually be the case that if you lose, you would have to pay the other side’s costs.

The other problem with judicial review is that is does not consider any of the merits of the proposed development.

So, next time you receive notification of a proposed development, it would be worthwhile getting an experienced team of professionals to review those plans and to advise you on the potential impacts of the proposal.

This publication is © Nexus Law Group and is for general guidance only. Legal advice should be sought before acting in relation to any specific issues.



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