Objection to development application NSW is related to the field of property law. In situations where someone adjacent to where you live is planning to develop property, you may have certain rights to object to development.
Through the objection to development application in NSW a party can object some proposed development plan or project. This article will discuss objection to development application in NSW by exploring the reasons why a party may wish to do.
Moreover, the article will also discuss how a party can avoid getting an objection to development application in NSW against them.
Objection In Development Application NSW: Reasons To Do So
There are many reasons why a person might opt to prepare an objection to development application in NSW. Given below is a list of common reasons why people choose to do so:
- Loss of light or overshadowing;
- Loss of trees;
- Highway safety;
- Traffic generation;
- Disabling person’s access to some party of the land;
- Road access;
- Environmental issues or nature conservation;
- Loss of privacy;
- Loss of trees;
- Hazardous materials.
There are countless other reasons why a person may wish to file an objection to development application in NSW.
What is “development?”
Under this matter, development can mean:
- Erecting a building. This can include other steps such as rebuilding, placing a building on land, enclosing some public place for building construction;
- Using land;
- Using subdivision of land;
- Carrying out some work;
When Do Parties Consider Objection To Development Application In NSW?
Parties must consider objection to development applications in NSW only if they have a genuine reason to believe that the development does not abide by relevant guidelines, regulations and/or standards.
Moreover, parties should consider such applications if a development project has potential to cause significant harm to the environment. Also, parties may find a genuine reason to file the application if it is impacting their property.
How to go about with the application?
Firstly, parties may consider writing a letter to the Council. In this letter, they must outline why the development project may cause a hindrance. This could include things like the development plan affecting parties’ privacy, or impacting the environment.
As a rule, applicants must use proper headings to reflect what the issue is. For instance, if they are objecting to development because of limited access to roads, the applicant must use headings like “Restrictions to access roads.”
The letter must be very clear and to the point. Rather than relying on emotion, the letter must illustrate genuine facts to support the objection. Parties must highlight reasons to use alternative approaches. Moreover, they must highlight why developers should not push through with the development project.
Things For Applicants To Keep In Mind
It doesn’t have to be hostile.
If you feel the need to object to some development because it is impacting you in someway, it does not necessarily have to be a dispute or conflict.
Often, when a party shares their concerns regarding the project or development plan, the Council members and/or the developers will be responsive. They will duly note the concerns of the party, and try and reason with them.
As an added point, parties who are objecting to a plan must consider providing arguments that not only refuse the plan, but also suggest alternatives to it. When making such applications, parties must not be thinking about their benefits only.
In the discussion, both the applicant and developers or Council members must feel free to voice out their own concerns, and objectives.
Make a note of time limits.
Applicants need to prepare the objection application and letter within a reasonable timeframe. They must thoroughly review their documents, and objections before submitting the application. Applicants must complete these steps within a given timeframe.
Therefore, it is necessary for applicants to be proactive if they want to object to a development project or plan.
How To Avoid Objections To My Development Plan?
If you are a developer or Council member who is worried that people might object to your development proposals, you might consider gaining legal advice.
You will need to make sure that your proposal does not contravene rules and standards that have been set in place for the society or local community.
It is better to avoid any trouble in the future. Tackling objection applications against you will be expensive and time-consuming, thereby derailing your development plan all together.
Notably, developers must be familiar with the Environmental Planning and Assessment Amendment Act (1979) . All development and building related work is regulated by the Act.
Some types of building construction and development will require approval. This is to ensure:
- Preservation of places that hold some heritage importance;
- Protection of agricultural land;
- Conservation of environment and land; and
- Urban designs for some areas are carried out properly.
Importance Of Seeking Legal Guidance
There are two sides or parties when discussing objection to development application in NSW. Either you could be the developer, or the one who wishes to file an objection to development application in NSW.
Regardless of which side you are on, it is important to consider legal guidance for this matter. If you wish to make an application, it is recommended that you consult a lawyer to understand the kinds of documents you will require.
Most importantly, when you are making an application to object a development project, your application and letter needs to be very detailed. You must highlight all the issues that could be caused by the development plan.
At JB Solicitors, our lawyers can help you prepare that application efficiently. Our solicitors can assist with clearly stating out all details and referring to particular issues.
Alternatively, if you are a developer who is anxious about potential objections to your proposal, our lawyers can help you ensure that you are not violating any regulation.
We will explain all standards and rules that need to be followed, and provide support to create a foolproof proposal.
To gain legal advice, get in touch with our experienced lawyer.