I am affected by a development or infrastructure project

For larger projects assessed as State significant development or State significant infrastructure under the Environmental Planning and Assessment Act 1979, the environmental impact statement is generally placed on public exhibition for a set period (commonly around 28 days), and submissions must usually be lodged before that period closes. Smaller projects assessed by a council have their own notification and submission timeframes. Exhibition periods are short and the exact closing date depends on the particular project, so the notice or the NSW Planning Portal listing for that project is worth checking promptly.

In NSW, statutory compensation under the Land Acquisition (Just Terms Compensation) Act 1991 generally arises where an authority acquires an interest in your land, rather than simply because a nearby project reduces value or amenity. A loss of value or amenity caused by an adjoining development, with no acquisition of your land, does not by itself usually create a compensation entitlement, although other avenues such as conditions of consent, project-specific mitigation policies or private law claims may sometimes be relevant. Whether any entitlement exists depends closely on the facts and is worth checking early.

Where construction work such as piling or excavation, or the vibration it generates, causes damage to a neighbouring property, a dilapidation or condition survey taken before works begin is often important evidence, and many project approvals impose conditions requiring monitoring and the repair of damage. Affected owners may be able to raise the issue with the proponent, the consent authority or the relevant regulator, and private law remedies such as a claim in nuisance or negligence may also be available depending on the circumstances. Documenting the damage promptly and keeping records generally helps preserve your position.

Where an authority compulsorily acquires part of a landholding under the Land Acquisition (Just Terms Compensation) Act 1991, the heads of compensation can include not only the market value of the land taken but also matters such as loss attributable to severance and to injurious affection of the land you retain. How these are assessed depends on the particular acquisition and valuation evidence, and the position varies from case to case. Getting valuation and legal input early generally helps in understanding and negotiating what may be claimable.