Many a time clients have problems with various environmental aspects of a development which means that, unfortunately, proceedings in the ‘LEC’ (i.e. Land and Environment Court, or in fact, in other courts, or in the Tribunal) have to be commenced (our clients are mostly defendants/appellants in such proceedings and disputes as initiated, say by various councils, usually pursuant to the Environmental Planning and Assessment Act 1979).

Our lawyers have significant experience in proceedings before the LEC including and not limited to:

• the rejection of development applications by councils;
• issuance of “DCOs” (Development Control Orders) and related orders such as ‘fire safety orders’ by councils;
• various classes of claims in the LEC;
• neighbour disputes, including as to a development, trees, boundaries, views etc.; and
• related to many of the above, appeals (e.g. we bring appeals where it is appropriate to do so, in relation to a DCO issued by a council).

Our lawyers will assess all the surrounding facts and circumstances in such cases to ensure that, for example, a DCO is properly issued; we will assess whether a claim can be substantiated or whether a proper defence exists, and whether expert evidence is adequate, in turn advising the clients as to the next steps which ought to be taken.

In these kinds of proceedings, it is usually the case that parties reach agreement and consent orders are entered in the LEC.

Additionally, as stated above, some of these development related problems can end in other courts. For example, boundary problems post development, or more commonly, allegations of damage to neighbouring properties, can be brought in courts such as the Supreme Court or the District Court of NSW.

Given our experience, our lawyers have considerable expertise to provide you with proper advice, appraising you of your chances in relation to each case, based on its own unique circumstances.

At Papallo Kouchoo Lawyers, we understand the importance of each client’s development, and we do our utmost to uphold your rights in order to ensure that you obtain the best results possible in each case.

If you have any questions, please do not hesitate to contact us for an obligation free professional consultation.