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.
- Employment
- Representation in relation to all employment and workplace relations matters;
- how Fair Work Act 2009 and other employment legislation affects your council;
- drafting of employment contracts and policies procedures;
- representation at courts and tribunals on your behalf;
- advise on matters relating to investigations by the Fair Work Ombudsman;
- advising on employment and workplace disputes, including termination of employment, unfair dismissal, industrial action, internal disciplinary proceedings and anti-discrimination issues.
To speak with Simmons Wolfhagen legal team about a a Local Government, Planning, Enforcement, Property, Development and Employment Law matter, Contact Us by email or call your nearest office: Hobart +61 3 6226 1200, Launceston +61 3 6338 2390, Kingston +61 3 6226 1200, Smithton +61 3 6452 1861 or Scottsdale +61 3 6338 2390.