Baird Lawyers has represented councils, developers and clients in Courts and Tribunals throughout New South Wales. David Baird has personally appeared in over 300 cases exceeding an 85% success rate. He has appeared in the Court of Appeal and the High Court of Australia. He has acted for clients in the capacity as both a prosecutor and defendant and accordingly has a thorough understanding of the different requirements which clients face.

The benefit of acting for a defendant against councils brings a unique perspective in regard to testing the adequacy of council’s evidence and the requirement of strict proof in criminal proceedings. When acting for council, we are alive to the types of defences that would be available and would be in a position to advise council accordingly. This same benefit applies for David’s experience working with councils, and how best a client can navigate through a course of action to achieve the best outcome possible.

David Baird has appeared for councils in a number of tribunal hearings and commissions of inquiry including the ICAC, Planning Commissions of Inquiry and the Administrative Appeals Tribunal.

Land and Environment Court

Land and Environment Court Appeals – Class 1 – Environmental, planning and protection appeals

Planning disputes can be a major component of legal expenses. It is also this area, more so than in any other, which often commands community attention and involvement.

David Baird has been practicing in the Land and Environment Court since 1981. He is widely regarded as one of the most respected solicitor advocates in the jurisdiction, regularly appearing before Commissioners and Judges of the Court.

Prior to offering an opinion on prospects in any development appeal Baird Lawyers would undertake:

• Site inspections
• Meetings with Council officers and witnesses

If the matter were to proceed to hearing we would also:

• Assist in preparation of expert witness evidence
• Prepare statements of facts and contentions
• Attempt mediation and conciliation of planning disputes

In the event that the matter could not be successfully resolved at mediation (s.34 conference) we would then undertake:

• Preparation and conduct of litigation
• Co-ordinating residents’ meetings and involvement of residents in cases
• Reporting on results of Land and Environment Court hearings and recommending reform to account for outcomes

David has always taken a pragmatic approach to appeals, negotiations and mediations. Where circumstances indicate that proceeding to a full hearing is not in our client’s best interests we will recommend alternative dispute resolution be implemented so as to preserve our client’s position, achieve a realistic outcome and avoid costs exposure.

Our approach to case management and David Baird’s experience as a solicitor advocate is demonstrated by our success rate in Class 1 appeals.

Success in Land and Environment Court appeals cannot always be measured in simple refusals or grants of consent. In many cases, an applicant will only respond sensitively to Council’s concerns when Council files its contentions and issues. When consent orders follow, our clients regularly view that outcome as a ‘success’, since Council’s requirements were met. Matters are also regularly resolved by way of the S.34 process.

We also have extensive experience in preparing matters to be heard on appeal to the Court of Appeal and on remittance from the Court of Appeal back to the Land and Environment Court.

Some recent examples of planning appeals conducted by the Principal include acting for councils and developers in numerous planning appeals over the years dealing with:

• Outdoor advertising signage
• Medium and High density residential flat building proposals
• Extension of the Australian Catholic University campus at Strathfield
• Opposing the creation of a cemetery in flood affected lands
• Subdivision Applications.

Land and Environment Court Appeals – Class 2 – Tree disputes and miscellaneous appeals

Class 2 of the Court’s jurisdiction is not widely used since the elimination of building applications. Nonetheless, we have had experience in proceedings in this class involving appeals against Council orders that are heard in this jurisdiction, including conducting appeals against refusals of S. 68 LGA approvals for water, sewer, and caravan park approvals for our regional council clients.

Land and Environment Court Appeal – Class 3 – Valuation, compensation and Aboriginal land claim cases

David Baird has had extensive experience in Class 3 appeals acting in the provision of advice and conducting litigation in the Land and Environment Court and the Court of Appeal in relation to the Land Acquisition (Just Terms Compensation) Act 1991.

• We acted against the RTA (now RMS) on compulsory acquisition of a Council client’s land. The valuation prepared on behalf of the RTA heavily discounted the value of Council’s land because it was ‘Public open space’. We were able to successfully argue that the land had significant real value and the Court found in favour of our client. Council received a significant multimillion dollar payment together with its costs.
• We also acted for a Council client successfully appealing the valuation of a Metropolitan Race Course. The large uplift translated into a significant increase in Rate revenue for Council in perpetuity.

Land and Environment Court – Class 4 – Civil Enforcement and Judicial Review

David Baird has regularly acted for clients in the Class 4 jurisdiction of the Court. This has included civil enforcement proceedings on behalf of Councils in respect of the enforcement of orders issued under both the Local Government Act and the EP & A Act. Our experience in litigation includes rectification of unlawful building works, restraining unauthorised land use and ensuring compliance with conditions of consent.

Examples include:

• Successfully obtaining injunctions to close unauthorised brothels.
• Successfully restraining a Telecommunications corporation from erecting a mobile broadcast beacon near a heritage property and near a school. The Telecommunications corporation appealed unsuccessfully to the NSW Court of Appeal and the Appeal was dismissed with costs. David Baird appeared personally in the NSW Court of Appeal in that matter.
• Successfully obtained an injunction against a major furniture retailer proposing to open a factory outlet in premises considered unsafe by Council’s engineers.

We also have extensive experience in judicial review and declaratory proceedings where decisions of Council are challenged.  For example, we obtained a declaration from the Land and Environment Court regarding an interpretation of a provision in the relevant LEP which allowed for land to be exchanged with the developer and Council.

Land and Environment Court Appeals – Class 5 – Criminal proceedings for offences against planning or environmental laws

We have extensive experience in conducting criminal prosecutions in Class 5 of the Court’s jurisdiction for matters such as tree removal, illegal building works, dumping of waste and illegal filling.

We can assist clients to ensure evidence is marshalled in the most effective manner prior to filing with the Court.

Land and Environment Court Appeals – Class 6 and 7 – Criminal appeals against convictions and sentences for environmental offences by the Local Court

David Baird has appeared in various appeals from the Local Court to the Land and Environment Court in proceedings for environmental offences. In these matters, successful discussions resulted in the appeals being discontinued.

Injunctions to Restrain Unlawful Activity

We have extensive experience in obtaining urgent injunctions to restrain apprehended or actual breaches of the EPA Act and other legislation. In most instances, applications can be made to the duty Judge of the Land and Environment Court or Supreme Court within two hours of instructions to commence (or even shorter time depending on the availability of the duty Judge). For our clients David Baird is available 24 hours a day, 7 days a week to provide assistance in relation to urgent interlocutory applications.

A recent example includes:

• Obtaining urgent injunctions to protect the position of an employee under the Public Interest Disclosures Act 1994. This action was the first brought under the new legislation governing this area of the law. David Baird was required to undertake a personal interview with the Attorney-General of New South Wales to obtain his consent to commence proceedings.