Documentation and lodgement
Statements of environmental effects
Statements of environmental effects (SEEs) accompany development applications and explain the proposal to the consent authority.
At an early stage of design project management, a draft SEE is prepared so that potential issues are identified at the earliest stage.
Firm Premise typically prepares SEEs with:
Introduction - including identification of the architectural details and key documents relied upon. For significant projects, a summary of the whole case in favour of the proposal is set out here
Description of site and locality - including a comprehensive site description with an explanation of matters on title, physical site features and contextual attributes
Description of the proposed development - describing all works or use aspects that are proposed
Town planning controls - including assessment against all environmental planning instruments and development control plan provisions
Assessment - setting out a detailed assessment of all potentially contentious aspects
Conclusion - stating the case for approval in summary.
That report structure is comprehensive and clear, avoiding repetition. Such an SEE foresees and addresses potential issues and is referred to during the assessment phase to demonstrate that all relevant town planning controls have been addressed. SEEs should be written objectively - setting out the objective basis for approval rather than seeking to persuade the consent authority.
SEEs may also include a clause 4.6 written request to demonstrate that a proposal should be approved notwithstanding contravention of a development standard within an environmental planning instrument, where necessary. Those are prepared having regard to relevant Land and Environment Court precedents (although those need not be referred to in the document).
Heritage impact statements
Firm Premise are not specialised heritage consultants. However, many proposals affecting heritage items or within heritage conservation areas can be assessed by Firm Premise.
The HIS includes a description of the site and surrounding properties, with particular regard to the existing heritage significant features. The HIS includes a detailed description of the proposed development, focussing on how the proposal intervenes in the existing building fabric. The HIS sets out relevant information from the NSW State Heritage Inventory Datasheet for the heritage item or conservation area, where available. Where not available, additional research is carried out such as of the relevant heritage study.
The SHI Datasheet will normally include a statement of significance, setting out why the item or area is of heritage significance. The HIS will focus on how the proposed development affects that significance and explains how the intended design response is optimal in terms of retaining and enhancing that significance.
Firm Premise does not provide an HIS where there are highly contentious heritage issues requiring fully specialised heritage expertise, or where a detailed knowledge of historical construction methods or architectural treatments is required.
Plans of management and social impact assessments
Plan of management (PoMs) describe the operational aspects of a proposal where that is necessary to demonstrate its environmental acceptability. Examples of types of development requiring a PoM include boarding houses and co-living housing and pubs, as well as arts facilities and other entertainment uses. They are particularly appropriate for uses that involve potential noise impacts or where there may be the potential for disturbances associated with the behaviour of users of a facility.
Social impact assessments may be required for proposed development having potential impacts to the social cohesion of a locality. Developments that introduce significant demographic changes; developments that are large enough to warrant the provision of social services; developments such as pubs, sex premises or other uses with socially challenging aspects may also warrant the provision of a social impact assessment.
Where the issues are relatively straightforwards, Firm Premise may prepare the social impact assessment or a social impact comment. For some projects, a fully specialised social impact practitioner should be engaged. The decision about whether to do so may be made in consultation with the consent authority.
Lodgement and post-lodgement
Firm Premise will lodge the relevant application with the consent authority. This will involve gathering up of all relevant documents; completing the application (usually on the NSW Planning Portal); co-ordinating the provision to the consent authority of the cost summary report; completing a waste management plan (for simple matters); and uploading all relevant documents.
Following lodgement of the application, Firm Premise liaises with the consent authority (or other relevant authority) to check that the assessment is progressing appropriately and to intervene and seek to resolve any blockages. Firm Premise receives correspondence concerning any issues that may be raised and will then liaise with the client and relevant consultants and will seek to resolve the issue.
Some development applications are determined by an assessment panel, comprising independent experts. Firm Premise can address meetings of assessment panels to set out the case for a proposal.
Firm Premise can be engaged to prepare objections to development proposals that have been submitted to a consent authority. Prior to accepting any engagement to prepare such an objection, Firm Premise will review the proposal and ensure that the case against the proposal can be supported. Firm Premise will normally seek to identify a design solution that achieves the objectives of both the applicant and the objector, and will seek for those amendments to be made by the applicant.
If a development application is determined by conditional approval, Firm Premise can review the conditions of consent and can advise the client how those may be addressed. If a development application is refused, Firm Premise can review the grounds for refusal and can advise the client on strategies which may include applying to the consent authority for a review of the determination or appealing to the NSW Land and Environment Court. Firm Premise can brief environmental lawyers in the carriage of an appeal and can provide expert witness services.