Our Expertise

Planning and
Development Law

Beatty Hughes & Associates is recognised for its technical legal expertise in planning and development law.

Our clients include some of Australia’s largest developers and property owners and we have advised on or acted in applications and appeals relating to major subdivisions, large residential and commercial developments and significant waste, industrial, agricultural, mining and renewable energy projects.

As our lawyers have acted for developers, consent authorities and objectors, we understand the issues from both sides of the fence and are able to provide strategic advice to help our clients achieve their objectives.

How we can assist

Advising on the interpretation and application of planning legislation, policies, controls and instruments, as well as all related legislation relevant to the planning process, including contaminated land, biodiversity conservation, flooding, heritage, bush fire, roads and water management.

Providing legal support and advice regarding the preparation and processing of development applications and modification applications, including for State Significant development, Part 3A projects, State Significant infrastructure, concept development applications, staged development, integrated development, complying development and Crown development.

Appearing in Land and Environment Court appeals seeking consent from the Court to development applications or challenging the lawfulness of consents granted by Local Councils and Planning Panels.

Assisting in the preparation of objections to rezoning applications and development applications.

Appearing before the Independent Planning Commission or Sydney/Regional Planning Panels in relation to development applications under assessment

Advising on existing and continuing use rights.

Providing environment and planning due diligence

Negotiating voluntary planning agreements and works-in-kind agreements.

Providing advice on rezonings, including spot rezonings.

Our recent experience in Planning & Devlopment Law

Hy-Tec Industries v Parramatta City Council [2022] NSWLEC 1041 – Successful application for proponent in an urgent Class 1 appeal seeking an extension of an existing consent for the operation of a temporary concrete works for production of   pre-mixed concrete.

Acting for owners of a large residential apartment complex directly impacted by the proposed Mirvac Harbourside development at Darling Harbour including drafting submissions and appearing at the IPC meeting.

Acting for an objector to a number of coal mining projects in the Hunter Valley, including drafting submissions, appearing at IPC hearings/meetings and in proceedings in the LEC and NSWCA regarding joinder of third parties.

Refalo v Camden Council [2021] NSWLEC 1485 – Successful application for proponent in Class 1 appeal seeking consent for intensive plant agriculture.

Reulie Land Co Pty Limited v Lee Environmental Planning Pty Limited and Ors [2019] NSWLEC 194 – Successful challenge to validity of development consent on the basis that consent authority failed to take into account relevant considerations and filed to renotify an amended development application.

JG Development Pty Ltd c/o RPS Australia East Pty Ltd v Liverpool City Council [2019] NSWLEC 1325 – Successful application for proponent in Class 1 appeal seeking consent for 29 lot subdivision.

Terrain Solar Pty Ltd v Wagga Wagga City Council [2019] NSWLEC 1003 – Successful application for proponent in Class 1 appeal seeking consent for a 30 MW solar farm.

Related News + Insights

Medium Neutral Citation: Hy-Tec Industries Pty Limited v Parramatta City Council [2015] NSWLEC 1047 Hearing dates: 16 & 17 February 2015 Date of orders: 20 February 2015 Decision date: 20

The NSW Land and Environment Court’s recent decision in Construction Development Management Services Pty Ltd v City of Sydney [2023] NSWLEC 1620 held that the specific criteria relating to sunlight

In Save Bungendore Park Inc v Minister for Education and Early Learning [2023] NSWLEC 140 the NSW Land and Environment Court confirmed that section 2.23 of the Crown Land Management Act 2016