Local councils oversee and facilitate the growth of their communities through the exercise of various property and planning laws. Planning laws are predominantly used to guide and control the use and development of land. Councils utilise various legislative instruments and planning tools such as the Environmental Planning and Assessment Act 1979 (“EPA Act”) and Local Environmental Plans (“LEP”) to achieve the visions and goals set out for the development of their communities.
How do Councils plan for their local communities?
Each Council in NSW issue Local LEPs which essentially operate as the primary planning tool Councils use to administer local environmental planning provisions for land and specify development standards and controls. The LEP consists of a written part and a collection of maps such as the Land Application Map which identifies the land to which the Local Environmental Plan applies to.
Per the LEP, Councils will zone land as falling into one of the various listed categories contained in the Land Use Table and set out in the Land Zoning Map. The Land Use Table zone provide the objectives for development as well as development that may be carried out without development consent, development that may be carried out only with development consent and prohibited developments within each zone.
What is involved in the process for obtaining Development Consent?
Depending on the land use zoning, developments on certain land will require approval and Development Consent as per the EPA Act. For instance, some minor developments may be classified as exempt and thus will not require Development Consent. Often the process of obtaining Development Consent will involve the lodging of a development application to the Local Council.
How can we help?
Matthews Folbigg Lawyers are experts in advising Local Governments on regulatory and legal matters. Our services enable local councils to perform at their very best to ensure that the needs of their local communities are met.
Our team of lawyers will provide you with practical and comprehensive legal assistance and advice.