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Local Government, Planning & Development Law

We are specialists in all aspects of local government, planning and development law, including enforcement and dealing with property related matters.

We offer pragmatic and practical legal solutions to local government bodies, developers and individuals.

Our expertise includes the following:

  • Local Government
    • Advising on the interpretation of a range of legislation on issues such as the exemption to pay rates, or the circumstances in which a highway may be closed;
    • preparation and certification of by-laws;
    • guidance on governance issues, both for formal council meetings and in other circumstances;
    • assistance with code of conduct matters; and
    • making a “right to information” application for documents from a public authority.
  • Planning
    • Assistance with development applications, including making a representation to object to an application;
    • representing councils, developers and individuals for appeals to the Resource Management Planning Appeal Tribunal, including at mediation;
    • planning scheme amendments;
    • advising on the interpretation and application of planning schemes, including heritage provisions; and
    • advising on the circumstances in which “pre-existing” use rights may exist.
  • Enforcement
    • Assisting councils to enforce the requirements of their planning schemes;
    • issuing notices or prosecuting for breaches of:
      • building legislation, including issuing emergency orders,
      • urban drainage legislation;
      • legislation relating to the preparation of food and the protection of public health;
    • advising on requirements for animal control, including dangerous dog declarations;
    • issuing abatement notices in circumstances where a nuisance exists; and
    • representation and advice on enforcement options for environmental matters.
  • Property
    • Drafting agreements pursuant to Part 5 of the Land Use Planning and Approvals Act 1993;
    • advising on the amendment of sealed plans;
    • compulsory acquisition of land or interests in land;
    • advising on a range of issues relating to strata titles; and
    • assisting with the amendment and extinguishment of easements and covenants.
  • Development
    • Acting for construction companies, individual builders and homeowners in relation to construction disputes;
    • making and defending steps taken pursuant to the Building and Construction Industry Security of Payments Act 2009;
    • recovering outstanding debts in the Magistrates Court of Tasmania or the Supreme Court of Tasmania;
    • advising on contractual obligations; and
    • providing background advice to assist clients to negotiate practical and pragmatic solutions to construction disputes.

Simmons Wolfhagen has an arrangement with the Housing Industry Association to provide its members with some advice at no charge.  Members are welcome to contact us to discuss the details of this arrangement

Our team

David Morris

David Morris

Partner


+61 3 6226 1200

Karen Abey

Karen Abey

Senior Associate


+61 3 6226 1200

Clare Wootton

Clare Wootton

Senior Associate


+61 3 6226 1200

Adam Beeson

Adam Beeson

Associate


+61 3 6226 1200

Fabiano Cangelosi

Fabiano Cangelosi

Associate


+61 03 6226 1200