Category Archives: Auckland planning consent lawyers
Auckland Planning Consent Lawyers – What They Do
Auckland Planning Consent Lawyers – The Role and Responsibilities of Planning Consent Lawyers in Auckland
Introduction
Getting planning consent in Auckland, can be time-consuming and costly. Even a small house renovation project can be delayed with the wrong consent application. To avoid this, it is a good idea to hire one of the Auckland planning consent lawyers to guide and advise on the process. They will also have experience from similar projects and can help homeowners, planners, designers, and builders alike.
Below we look at how their expertise can assist individuals, businesses, and organisations apply for and comply with local planning regulations and to expedite the resource consent process.
What Is Planning Consent?
Planning consent is the official approval from Auckland Council (or other relevant local authority) that is needed before undertaking building or development work on land or property. This is a broad aspect and can cover building developments, land subdivisions, changes to land use, or significant alterations to existing structures. The process is currently governed by the Resource Management Act 1991 (RMA), but new legislation is in the pipeline.
What Do Auckland Planning Consent Lawyers Do?
Auckland planning consent lawyers can give a variety of types of advice and service.
Legal Advice and Regulatory Compliance
Planning or resource consent requirements vary so a lawyer can advise if formal consent will be needed any proposed activity. They can also highlight any or regulations that apply. This includes interpreting district and regional plans, the RMA, and other relevant legislation.
Preparing and Lodging Applications
A poor or incomplete application for resource consent can slow down or even get the project rejected. Good legal advice and application preparation can reduce these risks. A sound application will include all necessary documentation, plans, and assessments are include to meet the council planning requirements and lower the risk of delays or refusals.
Managing Objections and Submissions
Often an application is notified to the public. In this case, lawyers can represent their clients to respond to objections or submissions from interest groups, neighbours, or other interested party. This can include drafting submissions, negotiating terms, or mediating disputes.
Appeals and Hearings
If a consent is declined or conditions are imposed, planning consent lawyers can act on behalf of their clients. These might be at council hearings, the Environment Court, tribunals, or mediation. Their work will include preparing legal arguments, examining witnesses, and advocating for the client’s interests.
Due Diligence and Risk Assessment
For significant planned property purchases or development projects, lawyers conduct due diligence. This ill show any planning restrictions, existing consents, or compliance issues that could affect the transaction or future use of the land.
Negotiation and Settlement
Lawyers often act as negotiators with Auckland council officers. The lawyer knows the legal position and can advocate on their clients’ behalf. Similarly, the lawyer can act as go-between with interested parties, or stakeholders to resolve issues with the aim of securing a favourable consent.
Monitoring and Compliance
After consent is granted, the client may be required to comply with ongoing consent conditions. The lawyer can work with or for their client to ensure that these conditions are met.
Why Engage an Auckland Planning Consent Lawyer?
Delays in planning applications are frustrating at best. More likely, they will be expensive. At worst, they can result in the rejection of the project.
Hiring a planning consent lawyer in Auckland can lower these risks, save time, and increase the likelihood of a successful consent outcome. Their legal expertise and experience can be invaluable for big projects like commercial property developments, contentious applications, or situations where significant public interest or environmental impacts are involved.
Conclusion
Auckland planning consent lawyers are essential advisors and advocates in the property planning and development industry. McVeagh Fleming has a team of experienced lawyer operating from the CBD. Click the link for more details.
https://www.mcveaghfleming.co.nz/business/subdivisions