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Planning and Development

The planning jurisdiction has for some time been intertwined with the licensing jurisdiction. Currently however, the interaction between the two is arguably much closer.

Under current licensing laws, the local consent authority has a key role to play due to the fact that the Authority will not grant a licence or licence related authorisation unless there exists a relevant development consent to correspond with the application, or no such consent is required. For this reason it is important that appropriate development consents are in place, or are able to be put in place prior to the grant of a licence application.

Development Applications
We are able to advise on and prepare development applications relevant to liquor applications such as change of use applications and modification of existing of development consents. Whilst each consent authority has different requirements in terms of the documents required to be lodged with the application, and each individual matter may require varying detail in the supporting material, we not only ensure that the minimum documentation requirements of the consent authority are met, but also provide a detailed submission in support of the application.

Preparation of Supporting Documents
We have experience in preparation of many of the common supporting documents that consent authorities look to when assessing the merits of applications such as Statements of Environmental Effects, Plans of Management, Security Management Plans and other specialised policies, procedures and plans.

Review of Determinations and Planning Appeals
We have experience in acting in relation to reviews of determinations by consent authorities and appeal to the Land and Environment Court against adverse decisions of a consent authority.

Environmental Prosecutions and Civil Proceedings
We are also experienced in defending matters commenced by consent authorities in the Land and Environment Court seeking orders restraining actions or criminal prosecutions for breaches of the planning laws.