Planning and development in NSW is becoming more complex, more regulated and, in many cases, more commercially challenging.
Both Paul and Michael bring an unusual depth of practical experience to planning law, having started their careers as town planners before moving into legal practice. That background gives them a strong understanding of not only the legislation, but also how planning decisions are made in practice.
When waiting becomes a commercial decision
One of the key issues discussed was the growing tension between planning timeframes and commercial reality.
Councils are often dealing with significant resourcing pressures, which can result in development applications sitting within the assessment process for extended periods. For developers carrying land and financing costs, waiting is not always the best commercial option.
Paul and Michael discussed how deemed refusal appeals to the
Land and Environment Court can provide an alternative pathway, with Michael noting the importance of considering that strategy early rather than waiting until delays have already accumulated.
A changing risk environment for certifiers
The discussion also examined the increasing responsibilities being placed on private certifiers.
Michael highlighted the growing complexity around conflicts of interest, compliance obligations and potential penalties, alongside the practical challenge of certifiers being required to interpret increasingly complex legal and planning instruments.
The result may be a greater need for preventative legal advice, better internal processes and stronger information management before problems arise.
Housing, infrastructure and data centres
Looking ahead, housing remains one of the defining planning issues in NSW.
Changes supporting greater density and state significant development have the potential to materially reshape established communities, while creating new pressures across planning systems, infrastructure and local amenity.
At the same time, emerging forms of development are creating new challenges. Michael pointed to data centres in particular, where energy, water and supporting infrastructure requirements can quickly turn a technology project into a significant planning and community issue.
Could AI eventually approve a development application?
Perhaps the most forward-looking part of the conversation concerned technology.
Paul discussed AI as a valuable research tool when combined with appropriate legal oversight, while Michael went further, suggesting that AI could eventually assist with assessing planning applications by drawing information from multiple sources and testing proposals against planning requirements.
That may still be some way off, but the direction is clear.
Planning law is becoming more complex at the same time that technology is becoming increasingly capable of helping professionals navigate that complexity.
For developers, certifiers, councils and advisers, understanding both sides of that equation will become increasingly important.
Michael Mantei: Partner, Planning, Environment & Certification
Michael Mantei is the Head of Madison Marcus’ Planning, Environment & Certification Division and an Accredited Specialist in Local Government and Planning Law. With more than 20 years of experience and a background in local government planning, he advises clients on planning, environmental, certification and development matters. Michael is recognised for delivering practical, commercially focused solutions across complex regulatory and dispute matters.
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Paul Vergotis: Partner, Planning, Environment & Certification
Paul is an Accredited Specialist in Planning & Environment Law and Partner at Madison Marcus, with over 30 years’ experience across legal practice and town planning. He is a leading adviser on development, regulatory approvals and Land and Environment Court litigation, known for delivering practical, commercially focused outcomes on complex planning and infrastructure matters.
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