© 2016 Billett Legal

LEGAL SERVICES

Development Applications

Your project may require planning approval from your local council. Related approvals may simultaneously be required from TasWater, the Tasmanian Heritage Council, or the Environment Protection Authority.

Whether your proposal is a Level 2 Activity, involves a heritage listed property or calls for Council approval, Billett Legal can assist you to negotiate the approvals process.

The core services we offer in this area include:

  • Identifying key risks in the statutory approval process and providing strategies to overcome these;

  • Advising on the interpretation and operation of complex planning scheme provisions; and

  • Facilitating the progress of your application through direct dealings with your local council and other approval authorities.

 
 

Planning Appeals

In circumstances where your development application is refused, or granted subject to inappropriate conditions, you may decide to appeal the planning authority’s decision. An approval may similarly be appealed by a person who made a representation.

Billett Legal has experience in all aspects of the appeal process. In particular, we:

  • Identify and prepare grounds of appeal;

  • Provide advice on the strength and presentation of your case;

  • Prepare your case for hearing; and

  • Represent you before the Resource Management and Planning Appeal Tribunal including at mediation and hearing.

Our knowledge of the jurisdiction and experience in all aspects of planning appeals enables us to identify and respond to key risks and assemble the best team of experts to complement our legal case.

 

Scheme Amendments

A scheme amendment may be necessary before your development proposal can move ahead. This may be integrated with an application for planning approval.

At Billett Legal, we have experience in the different stages of a scheme amendment which include:

  • Preparing the terms of a proposed amendment;

  • Identifying the key risks in the statutory approval process and the strategies to overcome these; and

  • Representing you before the Tasmanian Planning Commission.

 

Objections / Representations

If you have any concerns about a development proposal in your neighbourhood Billett Legal can assist you to express your concerns to the relevant planning authority by making a representation.

In most cases, the making of a representation is a pre-condition to further participation in the planning process, including the right of appeal. Importantly, a representation is your opportunity to express your views in respect of a new proposal before any decision is made. It is therefore your chance to influence the decision-making process.

Billett Legal can help you to investigate how your concerns about a proposal may provide a basis to affect a change to, or even refusal of, the application. We have experience in formulating our clients’ concerns in a way that is relevant to the applicable planning controls and other related regimes.

 

Related Regimes

There are a myriad of interrelated regimes that may be triggered by a development proposal or the ongoing operation of a business. Whether your issue is heritage, environmental, building or infrastructure related Billett Legal can help.

Our expertise includes:

  • Proving pre-existing use rights;​

  • Planning enforcement and prosecutions;​

  • Amending a permit;​

  • Responding to proposed heritage listings and the management of heritage properties;​

  • Environment Protection Notices and associated appeals as well as the management of environmentally relevant activities;​

  • Part 5 Agreements;​

  • Buildings Notices and associated appeals;​

  • Threatened species and EPBC Act assessments;​

  • Amendments to Sealed Schemes; and​

  • Compulsory acquisition / Disputed claims for compensation.

 

Local Government

Building on our knowledge of the planning process managed by local government in Tasmania, Billett Legal has experience working with local government to deliver services to our communities. Planning services are just one aspect of this.

We understand the challenges that local government faces in responding to the needs of the community and meeting its statutory obligations.

Our expertise includes:

  • Providing advice in relation to the powers and duties of council under the Local Government Act 1993 and other legislation which confers powers upon local government;

  • Meeting procedure;​

  • Code of conduct matters;​

  • Preparation, review, and advice in relation to delegation of powers and other authorisations; and​

  • Right to information.