Robert Wilcher, legal adviser in planning and environment law in NSW, talks about the challenges and environmental liabilities for property developers in NSW.

Q In your view, what are the major challenges facing the property industry?

A They are the complexity of the planning system in NSW, the difficulty of obtaining bank credit and limited land supply. The banks are freeing up somewhat now, but the planning system is not. It still remains highly politicised, lacks clear state driven direction and is often frustrated by conflicts between state and local government and interest groups. Meanwhile, the high demand for land, especially residential stock, means that land owners are asking prices for development sites that exceed developers' budgetary parameters.

Q What are the major environmental liabilities for developers?

A Contamination issues remain a constant source of concern, especially for 'brown field' sites. Development assessment delays are a financial liability to be closely managed. Biodiversity management can also bedevil a development.

Q If you could make a change in the industry what would it be?

A Simplicity of process and clarity of direction. The changes to the planning laws proposed in 2013 were a step in the right direction, but were sho­­­t down by political interest.

Q What is your major career achievement?

A Some of the larger development sites I have worked on where we have resolved difficult issues affecting many parties. I am proud to have acted for the Minister for Planning on quite a few matters, including one where 6 or so parties joined together to preserve about 92 hectares of protected biodiversity in Eastern Creek, 35 kilometres west of Sydney's CBD while still extracting good development returns from the area.

ABOUT ROBERT WILCHER

Robert is a highly regarded legal adviser in planning and environment law and litigation for major property developers and government clients in New South Wales. His passion for the industry is evidenced by his contribution to the following groups:

  • Member, Planning Committee of the Property Council of Australia (NSW Division)
  • Member, Ministerial Working Party on Aboriginal Culture and Heritage Law Reform
  • Member, former Ministerial Biobanking Reference Group
  • Immediate Past Chair, Sustainable Development Committee of the Property Council of Australia (NSW Division)
  • Member, the Law Society of New South Wales

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