Practice area
Planning & EnvironmentPlanning and environment (Resource Management Act 1991 / Environment Court)Planning, zoning and environment
Define the intended work in Planning & Environment, confirm the applicable requirements and select a task to plan the necessary review.
Key facts
- Tasks covered
- 27
- Tasks with a step-by-step checklist
- 11
- Local differences
- 3 jurisdictions where this area changes
Jurisdiction
Tasks
GreenLawyer reviewYellowClose supervisionRedLawyer-led
| Task | How AI is used | Human involvement | What the lawyer must review |
|---|---|---|---|
| Build a development-application lodgement checklist from the controls | From the planning controls, overlays and application form, list required reports, drawings, referrals and fees, and flag missing items in the draft pack. | YellowClose supervision |
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| List the RMA plans and resource-consent documents for the application | List the district plan, regional plan and resource-consent documents on the file. | YellowClose supervision |
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| Draft or comment on proposed conditions of consent | From the assessment report and the draft conditions, produce a table of conditions with operability issues, conflicts and suggested mark-up. | YellowClose supervision |
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| Draft the merit-appeal grounds, evidence outline and submissions | From the refusal and the planning controls, draft appeal grounds, an evidence outline and a submissions structure with a list of authorities the lawyer asked to consider. | YellowClose supervision |
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| Draft merit-appeal grounds for the NSW LEC, VCAT or Qld Planning and Environment Court | From the refusal and the planning controls, draft appeal grounds, an evidence outline and a submissions structure with the authorities the lawyer asked to consider. | YellowClose supervision |
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| Prepare expert-evidence instructions and review draft planning reports | The tool writes no part of the letters of instruction and nothing into any expert's report: from the notice of refusal, the council's contentions and the DA file it lists which contention no expert has yet been instructed on, indexes the drawings, survey, consultant reports and planning controls each expert must be sent, and checks the letter the lawyer has written against the forum's expert code of conduct and the joint-report directions. On the draft reports it tables each expert's stated assumptions, the points where two reports diverge, and the plans, approvals or site data a report relies on but has not been provided. | RedLawyer-led | The lawyer writes each letter of instruction and checks in their own text that every question sits within that expert's field and answers a contention actually in issue, that each assumption stated is one the lawyer can prove on the evidence, and that nothing in the letter points the expert to the conclusion sought; the lawyer confirms the code of conduct is attached and acknowledged and that the indexed drawings and controls are the current versions. On the draft reports the lawyer reads each report against the table rather than relying on it, and decides personally which assumptions, divergences and gaps go back to the expert or are left for the conclave. |
| Review an environmental-impact statement or equivalent effects statement | Check the statement against the assessment framework and the specialist reports on the file, and list missing content and impacts that still need an expert. | YellowClose supervision |
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| Review an SEE or EIS against the consent authority's assessment framework | Check the SEE or EIS against the assessment framework and the specialist reports on the file, and list missing content and impacts that still need an expert. | YellowClose supervision |
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| Draft or review a heritage-impact statement against the listing | Compare the proposal with the listing citation and conservation policy, and list impacts, gaps and recommended conditions. | YellowClose supervision |
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| Draft or review a heritage-impact statement against the listing and the Burra Charter | Compare the proposal with the listing citation, conservation policy and Australian ICOMOS Burra Charter 2013 principles; list impacts, gaps and conditions. | YellowClose supervision |
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| Screen the site for indigenous cultural-heritage, native-title or tribal-land issues | From title, maps and searches on file, list indigenous cultural-heritage, native-title or tribal-land flags and missing documents. Do not decide if a permit is needed. | RedLawyer-led |
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| Screen the site under the state Aboriginal heritage Act and Native Title Act 1993 (Cth) | From title, maps and searches, list Aboriginal heritage and Native Title Act future-act flags and missing documents. Do not decide if a CHMP, AHIP or future act applies. | RedLawyer-led |
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| Map biodiversity and nature-conservation approvals required for the proposal | From the proposal description and the controls on the file, table candidate biodiversity and nature-conservation approvals and the specialist reports still required. | YellowClose supervision |
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| Map BDAR and SIS triggers: Biodiversity Conservation Act 2016 (NSW) and EPBC reform | From the proposal and the controls on the file, table candidate biodiversity approvals, whether a BDAR or SIS may be triggered, and specialist reports still needed. | YellowClose supervision |
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| Draft or review a planning agreement or development-contribution deed | Produce a first-draft planning agreement or contribution deed from the term sheet, with a checklist of public-notice, registration and nexus points to confirm. | YellowClose supervision |
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| Draft or review a voluntary planning agreement under the EPA Act 1979 (NSW) or equivalent | Draft a VPA or contribution deed from the term sheet, with public-notice, registration and nexus checks under EPA Act 1979 (NSW) ss 7.4–7.6 or state equivalents. | YellowClose supervision |
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| Prepare a rezoning or plan-amendment advice pack | From the strategic plans, controls and the proposal, draft an issues list, likely process steps and a document checklist. | YellowClose supervision |
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| Prepare a compulsory-acquisition compensation issues table | From the notice, valuation and planning controls, table heads of compensation, disregards and document gaps. | YellowClose supervision | Check the current Act for the acquiring authority; compensation is statute-specific |
| Prepare a compulsory-acquisition compensation table under NSW, Victorian or Queensland law | From the notice, valuation and controls, table compensation heads, disregards and gaps under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) or equivalent. | YellowClose supervision |
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| Cross-reference the assessment report, EIS and panel report | Build a cross-reference table of issues across the large planning documents and list inconsistencies and unanswered submissions. | YellowClose supervision |
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| Draft a client advice letter on development prospects and planning risk | From the controls and the proposal, draft a structured advice letter with issues, required approvals and open questions. | YellowClose supervision |
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| Draft an objection or public submission on a development application | From the client's grounds and the DA documents, draft a submission mapped to the relevant planning considerations, with document cites. | YellowClose supervision |
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| Extract overlay, zoning and referral triggers from the planning controls | From the supplied controls extract, list zone, overlays, height or floor-space limits, prohibited uses and referral authorities that the proposal appears to trigger. | GreenLawyer review |
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| Turn conditions of consent into a construction and use compliance register | Convert the sealed conditions into a register of who must do what, by when, and what evidence of compliance is required. | GreenLawyer review |
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| Prepare a state significant development application where NSW AI assessment tools are in use | Run a pre-lodgement completeness check against the rules and criteria. | YellowClose supervision | AI will not make planning decisions; confirm with the assessing officer. |
| Prepare an LEC affidavit with the required Gen AI disclosure | Insert disclosure and check no Gen AI altered the evidence. | RedLawyer-led | Confirm with the deponent. |
| Summarise a council's planning controls for a site | Summarise zoning and overlays from the planning scheme extract. | YellowClose supervision | Lawyer checks against the current instrument. |
| Build a submissions summary for a contested development application | Group objector submissions by issue. | YellowClose supervision | Verify grouping; read key submissions in full. |
| Draft a merits-appeal statement of issues | Draft issues from the refusal reasons and reports. | YellowClose supervision | Lawyer settles; check tribunal AI practice notes. |
| Compare amended plans against conditions of consent | List changes and affected conditions. | GreenLawyer review | Planner and lawyer check. |
| Prepare a plain-language advice to a community group | Draft an explanation of the planning process. | GreenLawyer review | Lawyer approves. |
| Prepare a guide for objectors using AI in planning appeals | Draft a guide. | GreenLawyer review | Lawyer approves. |
| Advise councils on GenAI use in assessments | Map APS trial lessons. | YellowClose supervision | Lawyer advises. |
| Check QLS AI guidance before AI use in planning advice | Run a compliance check. | YellowClose supervision | Lawyer confirms. |
| Verify references in a Queensland Planning and Environment Court or Land Court submission | List the citations in a draft submission so the named practitioner can check each one against the source. | RedLawyer-led | Planning and Environment Court Practice Direction 7 of 2025 was signed by the Chief Judge on 25 September 2025 and does not print a separate commencement date. Land Court Practice Direction 4 of 2025 commences on 29 September 2025 and says it maintains consistency with Supreme Court Practice Direction 5 of 2025. Neither direction bans AI. Each requires the named individual practitioner, not the firm, to verify references. Do not treat either direction as a Magistrates Court direction. |
Firm-wide obligations
| Obligation | What it covers |
|---|---|
| Trust accounting & handling client money | Checks that apply across files. |
| Costs, billing & litigation funding | Checks that apply across files. |
| Client-facing & access-to-justice AI tools | Checks that apply across files. |
| Incoming evidence — deepfakes & synthetic documents | Checks that apply across files. |
| AI decision systems | Checks that apply across files. |
| Confidentiality & client information | Checks that apply across files. |
| AML/CTF — the practice as a reporting entity | Checks that apply across files. |
What changes in Australia
| Topic | What changes |
|---|---|
| Scope | Development assessment, merit appeals, environmental impact assessment, heritage, biodiversity, voluntary planning agreements, compulsory acquisition and Aboriginal cultural heritage. |
| State law | Each state and territory has its own planning Acts, instruments and permit conditions. Work from the controls for the site's location. |
| Federal reform | The Environment Protection Reform Act 2025 (Cth) is changing the federal framework. Check which provisions are in force. |
| Verification | Instruments, overlays and zones change often. Check every instrument, policy zone, citation and deadline against the official current source. |
What changes in New Zealand
Known here as: Planning and environment (Resource Management Act 1991 / Environment Court)
| Topic | What changes |
|---|---|
| Planning law | Resource Management Act 1991 governs resource consents and planning instruments. |
| Forum | Appeals go to the Environment Court, which is listed in the Courts of New Zealand GenAI guidelines. |
| Not Australian law | No NSW LEC Class 1 procedure, VCAT planning list or EPBC referral. |
- Resource Management Act 1991 · 2026-09-23
- Environment Court of New Zealand · 2026-09-23
- Courts of New Zealand: GenAI guidelines — Lawyers (7 December 2023) · 2026-09-23
What changes in United States
Known here as: Planning, zoning and environment
| Topic | What changes |
|---|---|
| Governing law | Land use is local and state. Federal overlays include NEPA, the Clean Water Act and the Clean Air Act. |
| Checking | Open the ordinance and the federal statute that governs the permit. Formal Opinion 512 bars uncritical reliance on generated citations. |
- ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024) · 2026-09-23
- 42 U.S.C. § 4321 (National Environmental Policy Act) · 2026-09-23
- 33 U.S.C. § 1251 (Clean Water Act) · 2026-09-23
- 42 U.S.C. § 7401 (Clean Air Act) · 2026-09-23
Precedents for this area
- Statement of environmental effects for a development application (NSW) (Other, AI use Yellow). Structured statement of environmental effects for a local development application in NSW, organised around the s 4.15 matters for consideration, with a controls compliance table and a clause 4.6 trigger check.
- Land and Environment Court Class 1 development appeal (NSW): forms, time limits and first steps (Court document, AI use Yellow). Guide to starting and running the early stages of a Class 1 merit appeal in the NSW Land and Environment Court: the right form, the time limits, deemed refusals, parties, the s 34 conciliation conference, and the Court's Gen AI rules.
- VCAT application for review of a planning decision by a permit applicant (Victoria): preparation guide (Form, AI use Yellow). Guide for permit applicants seeking VCAT review of a refusal, a failure to decide in time, or permit conditions under the Victorian Planning and Environment Act 1987, including time limits, grounds and documents.
- Objection or submission letter on a development application (NSW) (Letter, AI use Yellow). Submission objecting to (or commenting on) a NSW development application during public exhibition, organised by the s 4.15 matters the consent authority must consider, with evidence, proposed conditions and the donations disclosure.
- EPBC Act referral preparation checklist (Commonwealth) (Checklist, AI use Yellow). Checklist for deciding whether to refer a proposed action under the EPBC Act and for preparing a complete referral, reflecting the 2025 reform amendments in force and the National EPA, which began operating on 1 July 2026.
- Generative AI disclosure and leave checklist for Land and Environment Court proceedings (experts, objectors, affidavits, submissions) (Checklist, AI use Red). Checklist for complying with the LEC Gen AI practice note and the UCPR expert code: restricted material, permitted uses, affidavit disclosures, verifying citations, and leave before planning, heritage or ecology experts use Gen AI.
All precedents for Planning & Environment. Signed-in accounts can read the full text.