Planning Law
Strategic planning law advice for developers, landowners, and councils. Rezoning, development applications, merit appeals, and Land and Environment Court proceedings.
Navigating the NSW planning system is complex, time-consuming, and commercially critical. Dilan Lawyers provides specialist planning law advice to developers, landowners, and investors that is grounded in both legal expertise and a practical understanding of development economics.
For developers, we are a committed partner at every stage of the development lifecycle. From initial site acquisition and due diligence, through rezoning applications and development approval, to construction contracts, strata titling, and dispute resolution, we are with you from start to finish. Whatever challenges arise along the way, we will always work to find a smart, practical solution to make your project work.
Dilan's background in real estate, accounting, and urban planning gives Dilan Lawyers a unique advantage in planning law matters. We understand the commercial stakes involved in development projects and provide advice that is both legally sound and commercially realistic.
Our Services
Development Application Advice
Pre-DA advice on planning controls, permissibility, and strategies to maximise approval prospects.
Merit Appeals, Class 1
Appeals against council refusals of development applications in the Land and Environment Court.
Rezoning Applications
Advice and assistance with planning proposals to rezone land for residential, commercial, or industrial development.
Complying Development
Advice on complying development certificates and disputes with certifiers.
Environmental Impact Assessments
Advice on EIA requirements for State Significant Development and State Significant Infrastructure.
Judicial Review
Challenging planning decisions in the Land and Environment Court and Supreme Court on jurisdictional grounds.
Objector Proceedings
Representing neighbours and community groups objecting to development applications.
Planning Agreements
Negotiating and drafting voluntary planning agreements (VPAs) between developers and councils.
Frequently Asked Questions
My development application was refused. What can I do?
You have the right to appeal a council refusal to the Land and Environment Court within 6 months of the refusal decision (for Class 1 merit appeals). The Court conducts a fresh hearing on the merits of the application. We can advise you on the prospects of an appeal and represent you in the proceedings.
What is a merit appeal?
A merit appeal (Class 1 appeal) is an appeal to the Land and Environment Court against a council's refusal of a development application, or against conditions imposed on an approval. The Court conducts a fresh hearing and can approve the development, refuse it, or approve it with modified conditions.
Can I challenge a planning decision on legal grounds?
Yes. If a planning decision was made unlawfully, for example, because the decision-maker failed to consider a relevant matter, took into account an irrelevant matter, or acted outside their power, it can be challenged by way of judicial review in the Land and Environment Court or Supreme Court.
What is State Significant Development?
State Significant Development (SSD) is development that is assessed and determined by the NSW Department of Planning, rather than by the local council. SSD includes large residential, commercial, and industrial projects above certain thresholds. We can advise you on whether your project is SSD and assist with the assessment process.
How long does a planning appeal take?
The timeframe for a Land and Environment Court appeal varies depending on the complexity of the matter and the Court's workload. Simple matters may be resolved in 3-6 months; complex matters can take 12-18 months or more. We can give you a more specific estimate after reviewing your matter.
Get Free Advice
Book a free, no-obligation consultation to discuss your matter with Dilan.
Book Free Initial Consultation02 8959 6569Advisory Session
Need detailed strategic advice? Book a fixed-fee advisory session with Dilan.
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