A member asked over 7 years ago

Neighbouring development proposal

The building next door has put forth a development proposal that will adversely affect our building. Our building was built in 1929. Any nearby construction has a precedence of causing serious damage to our property. This development proposal is right next door and will impact our light, privacy, be a disruption to our way of life, insurance premiums, possible devalue the property and most importantly will cause damage that will need to be fixed.

We need to understand our rights in this matter, to ensure we (our property) are adequately protected and that we take the appropriate steps during this initial DA stage.

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. In NSW, a development consent is a type of authority that must be obtained, usually from the local council, before certain development activities can occur. Anyone can make a submission to a council about a development application, regardless of whether it has been publicly advertised. A submission can support the application, oppose it or request modifications.

You can make a submission to your local council about the proposed development next door. Your submission should point out where the application does not comply with the council’s development requirements. You can also comment on the general merits of the application. A lawyer or town planner can advise you on how to best put forward your case opposing the development application. You can also contact your local councillor about the matter.

Councils consider a range of factors when assessing development applications, including mandatory requirements, discretionary requirements and merit issues like the impact of the proposal on the environment and surrounding properties. The council will then make a decision on whether to accept or reject the application, or accept it with modifications.

If you are unhappy with the council’s decision, there is no right to appeal the merits of the decision. You can only lodge an appeal with the NSW Land and Environment Court if the council has failed to follow proper legal procedures. Similarly, the NSW Ombudsman is not able to investigate all complaints about development applications or council decisions. The Ombudsman can only intervene if there is evidence the council’s procedures for assessing applications are seriously deficient, or if the council has acted in bad faith or improperly.

Suggested way forward

To ensure your submission opposing the development application is as strong as possible, you should consider speaking to a professional, such as a planning lawyer, to obtain advice. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 7 years ago   Legal disclaimer


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