Frequently asked questions

A deliberately short list, all of it in New South Wales:

• compulsory acquisition and compensation
• planning and development
• environmental regulation (including contamination and pollution)
• local government and regulatory matters
• land access, easements and infrastructure impacts
• proceedings in the Land and Environment Court

If your matter falls outside these areas, we will say so plainly.

Not necessarily. Depending on the decision and applicable provisions, the available options may include amended plans, further engagement with the consent authority, a statutory review or a merits appeal. Identify the reasons for refusal and confirm the applicable time limit before choosing a course.

It depends on the decision or notice, but many planning, acquisition and environmental matters carry strict time limits, and some review pathways close quickly. The most useful first step is to identify the deadline that applies to you; once that date is certain, everything else can be taken in order.

Compensation for acquisition by a NSW authority is assessed on 'just terms' under the Land Acquisition (Just Terms Compensation) Act 1991. Depending on the facts, it may include:

• the market value of the land
• any special value
• loss attributable to severance
• injurious affection
• disturbance (such as relocation and certain business losses)
• for a principal place of residence, an amount for disadvantage resulting from relocation (formerly called solatium)

What is claimable, and in what amount, turns on your circumstances; disturbance in particular is often under-claimed.

Read it carefully and confirm exactly what it requires and by when. Then pause before replying: a response that is inaccurate or unnecessarily prejudicial can be hard to take back. Notices of this kind carry real obligations and tight timeframes, so early, considered advice helps.

Yes. We advise landowners, developers, businesses, councils and other public authorities on planning, environmental regulation, local government, land access and easements. We also advise landowners and businesses affected by compulsory acquisition on the acquisition process, compensation and related disputes. Every enquiry is assessed for conflicts, practice fit and capacity before any engagement is agreed.

Subject to conflicts and scope, the firm may provide defined legal input to another adviser's matter. The scope, communication protocol and responsibility for the broader client relationship should be agreed at the outset.

A preliminary call can establish whether the firm may be able to assist and what documents would be needed for review. It is a screening step, not legal advice.