Expert Evidence in the Environment, Resources and Development Court
The Environment, Resources and Development (ERD) Court was established to deal with planning, building, heritage and environmental protection matters. The Court is required to base its decision on the provisions contained in the Development Plan that applies to the proposed development.
Applicants have the right of appeal to the ERD Court for all development applications, except proposals for non-complying development in most circumstances. Third parties who are dissatisfied with a decision regarding any Category 3 form of development (including non-complying development) may also appeal to the ERD Court.
The URPS team has considerable experience in providing expert evidence in the ERD Court on a range of planning appeals, on behalf of both councils and the private sector. This has included appeals regarding multi-storey aged care facilities, the subdivision of rural land, industrial development, and housing and commercial developments. It also includes the consideration of associated planning issues such as overshadowing, overlooking, noise impact, significant trees, and land productivity.
We also provide professional support to appellants during the compulsory conference process in the ERD Court, where the Court seeks to broker a compromise between parties to avoid the delays and expenses associated with full hearings.