Overcoming Council Roadblocks: Securing a Development Consent

Obtaining development consent from your Local Council can be challenging and, at times, a frustrating process. Many applicants find themselves facing repeated delays, unclear requirements, or outright refusal. Often, with little recourse but to persist or seek legal intervention.

Our client’s experience with Shoalhaven City Council is a familiar story for many property owners and developers. After three years of attempting to address Council concerns and objections regarding the Development Application for a single dwelling on a R2 Zoned property in a flood zone area, our client had no option but to commence proceedings in the Land and Environment Court to have his Development Application determined.

With MCW Lawyers guidance, and after the Development Application was deemed refused, our client sought to resolve the matter without proceeding with further litigation. This included entering negotiations with the Council to secure approval prior to any further court involvement. When these pre-hearing negotiations were unsuccessful, formal court proceedings commenced.

On 11 September 2025, after a lengthy wait, our client finally obtained approval for his Development Application. This decision allowed building works to commence, concluding years of delay and uncertainty.

To read more about McCarthy v Shoalhaven City Council Judgment, click HERE

This Judgment demonstrates that successful outcomes are achievable with effective legal support. Skilled advisors play a key role in guiding clients through every stage of the process.

Having guided clients through complex council processes, MCW Lawyers have proven experience in matters like this. We leverage an extensive network of consultants to navigate council challenges, meet requirements, and develop effective legal strategies aimed at securing positive outcomes for our clients. Our approach reduces risks, costs, and delays, and can often eliminate the need for an appeal in the Land and Environment Court.

If you are experiencing difficulties obtaining Development Consent from your Local Council, or if you want to understand your rights and the next steps to advance your Development Application, please get in touch with MCW Lawyers to discuss your situation HERE