LOCAL GOVERNMENT LAWYERS

A Development Control Plan (DCP) is a suite of controls that guide, and form a focal point, for the assessment of development applications.  A DCP contains controls for such things as tree removal, parking, view loss/retention, height, built upon area, landscaping be it concerning residential, commercial or industrial developments (to name just a few).

If you are building or renovating, you will need to find out whether you need approval from your local council for the proposed work. The exact requirements of whether a development application is necessary are determined by individual councils. Things taken into account include the Local Environment Plan, Development Control Plans and zoning regulations.  Furthermore there are a number of types of development (usually small scale things, such as cubby houses and minor works) that do not require development approval (known as “exempt” development).

An Occupation Certificate confirms that the principal certifying authority (either Council or a private certifier) is satisfied that works relating to a development consent have been completed in accordance with the development consent, in particular in accordance with the approved plans and that all relevant conditions have been addressed. Obtaining an Occupation Certificate is necessary step before occupying premises.

A Subdivision Certificate confirms that the local council is satisfied that works relating to a subdivision have been completed in accordance with the relevant development consent. Obtaining a Subdivision Certificate is necessary step before lodging a plan of subdivision with NSW Land Registry Services.

Local government lawyers are solicitors and barristers who are experts in local government law. They can advise you about local government issues and represent you in court proceedings related to these matters. Hones Lawyers specialises in this area of the law.

Local councils must always act lawfully and within the scope of their powers. Although they have the power to enforce compliance with local council controls, they cannot ever lawfully act beyond their power.