LSV Borrello Lawyers understands the legalities, practical issues and challenges raised by each planning and land development project. We work proactively to manage these issues and challenges to achieve our clients’ desired objectives.
Our trusted affiliations and relationships with colleagues having expertise in land compensation matters, our Property, Development & Construction team, and key industry stakeholders and decision makers enables us to assist our clients to achieve their development objectives in a timely and cost effective manner.
Our Planning & Environment services include:
- Undertaking planning and environmental legal due diligence
- Advice on existing planning and environmental law issues
- Investigating the ability for further development of land
- Assisting in rezoning and structure plan approvals
- Preparing applications for subdivision and development approvals
- Advice on compliance with the requirements and provisions of relevant planning schemes, policies and legislation
- Liaising with key decision-making authorities and local governments
- Making applications for reconsideration and advice on the validity of conditions imposed
- Commencing review proceedings before the State Administrative Tribunal
- Representing clients in the State Administrative Tribunal
- Liaising with town planning and other expert consultants
- Providing advice in connection with issues under the Environmental Protection Act 1986 (WA) and the Contaminated Sites Act 2003 (WA)
Planning Advocacy & Litigation
We regularly act for clients in respect of securing applications for development, environmental and works approvals and licenses across a broad range of industry sectors including resources and infrastructure projects and retail, commercial, residential and industrial property development.
We have significant advocacy experience before the State Administrative Tribunal, the Supreme Court of Western Australia, Development Assessment Panels and other regulatory agencies and local governments.
Once development approvals have been secured we are well placed to provide our clients with advice about their ongoing environment and planning obligations, and the actions required to meet those obligations.
Where necessary, we formulate appropriate response strategies in respect of alleged breaches of approvals and assist and defend our clients in the event of ensuing prosecution.
Energy, Waste & Noxious Industry
We have a keen understanding of all facets of extractive and waste disposal / recycling industries and the legislative and regulatory framework that applies to them.
We are well placed to assist clients secure development, environmental and works approvals and licenses with a specific focus on hard rock, sand, limestone and clay quarries, landfill and recycling facilities.
Contamination & Pollution
We assist our clients on a broad range of environmental issues, notably in relation to aspects of dealing with contaminated land. Through our thorough understanding of the relevant legislative framework (both Federal and State based) and relationships with leading environmental consultants, we are able to provide succinct advice and strategies in relation to site remediation, ongoing site management, dispute resolution and responding to notices, investigations and prosecutions by environmental agencies.
We partner with, and support, our Dispute Resolution and Property, Development & Construction teams by drafting and negotiating environmental indemnities and warranties to mitigate liability in contaminated land transactions and advice on contractual issues.