We assist clients in making informed decisions on the purchase of property, by preparing planning and environmental legal due diligence reports. These reports identify the validity of existing approvals, the future development capacity of the land, and any environmental issues that may affect the land.
Often changes to the planning framework are required before development can be approved. We work with our clients’ planners to prepare scheme amendment documents, structure plans, activity centre plans and local development plans to unlock development potential in land. We are available to represent our clients in meetings with decision-making authorities or in relation to review proceedings at the State Administrative Tribunal.
Approvals Pre & Post Lodgement
We advise and assist our clients through the development and subdivision approval process, from pre-lodgement, through the decision-making period, to after the determination has been made. We work with our clients’ planners to assist with the strategy prior to lodgement to ensure the best outcomes for our clients, and then assist in the management of the application through the decision-making process.
We can assist:
- pre-lodgement – with the preparation of applications for subdivision and development approvals, including advice regarding the interpretation of, and compliance with, planning schemes and legislation;
- during the decision-making period – with legal issues which arise, and represent our clients in relation to their dealings with the decision-making authorities; and
- post-determination – with applications for reconsideration, give advice regarding the validity of conditions imposed on approvals, and advice on commencing a review of the decision-maker’s decision at the State Administrative Tribunal.
We provide advice and representation for clients at the State Administrative Tribunal in respect of applications for subdivision, development or structure plan approval which were either refused or approved subject to unsatisfactory conditions. We provide our clients with realistic advice on prospects of success, and potential costs both in time and money, to allow our clients to make informed decisions about entering into litigation.
We advise clients on project structuring to protect their rights to compensation and avoid reserved land being given up for free without compensation. We represent clients in respect of claims following on from the reservation of land under a town planning scheme or compulsory acquisition of land by government, from the provision of initial advice regarding the process of making a claim through to arbitration or court proceedings if necessary.
Drafting and Policy
We love drafting! A little known service of Moharich & More is its planning law and policy drafting capacity. We provide clients with assistance in transforming their planning reform initiatives into well drafted policies and law, having regard to the existing policy and legislative framework and relevant case law.