Town Planning/Environment and Land Compensation
Peter May McAuliffe Legal has two solicitors with over 10 years’ experience specialising in town planning (front end and back end services), environmental advice and litigation, and land compensation, working for either the claimant or the resuming/public authority.
Town Planning
Peter May McAuliffe Legal provides practical advice and representation at all stages of development projects in Margaret River, Busselton, Bunbury and surrounding areas.
We advise and assist clients on the following matters:
- pre-lodgement – with the preparation of applications for subdivision and development approvals, including advice regarding the interpretation of, and compliance with, planning schemes and legislation;
- during the decision-making period – with legal issues which arise, and represent our clients in relation to their dealings with the decision-making authorities; and
- post-determination – with applications for reconsideration, give advice regarding the validity of conditions imposed on approvals, and advice on commencing a review of the decision-maker’s decision at the State Administrative Tribunal.
- advice regarding the statutory approval process and rights for review, where available;
- assistance with the drafting of scheme amendments and structure plan text;
- advice on the proposed content of scheme amendments and structure plans;
- representing our clients in relation to their dealings with the decision-making authorities.
We also provide advice and representation for clients at the State Administrative Tribunal in respect of applications for subdivision, development or structure plan approval which were either refused or approved subject to unsatisfactory conditions.
Land Compensation
There are currently a high number of infrastructure projects including roadworks and other public works being undertaken throughout the South West including Margaret River, Busselton and Bunbury. A number of these projects necessitate the compulsory taking of land by different agencies. We work alongside your land valuer to advise and represent clients on:
- rights to compensation and how to avoid reserved land being given up for free without compensation; and
- the process of making a claim through to arbitration or court proceedings if necessary.
Prosecutions – Building, Planning, Health
Peter May McAuliffe Legal has extensive experience assisting clients to defend building, planning and health prosecutions in the Magistrates Court, as well as acting for local or state government in prosecuting persons or companies.
Peter May McAuliffe Legal is also able to give you advice in relation to appealing any penalties imposed to the Supreme Court, and can represent you if you decide to proceed with such an appeal.
Environment
Our experience includes advising on the full spectrum of environmental issues that arise throughout a development or project, from approval and environmental constraints advice, through to defending environmental prosecutions. We undertake environmental due diligence and have extensive experience advising on the early identification of environmental issues.
We advise and assist clients on the following matters:
- Environmental approvals, compliance and enforcement issues under the state and federal regulatory regimes
- Validity of conditions of environmental approvals
- Environmental advice and constraints – including flooding, vegetation and coastal protection
- Due diligence investigations
- Litigation representation
- Contaminated land issues
- Water
- Climate change
- Built heritage and indigenous cultural heritage
- Renewable energy
- Waste management