UPDATE – proposed planning framework for Short-Term Rental Accommodation available for comment

The Department of Planning & Environment (Department) has recently released for public comment an Explanation of Intended Effect (EIE) regarding proposed amendments to the planning rules relating to short-term rental accommodation (STRA) in New South Wales (NSW).

Amendments to existing planning instruments will establish the state-wide planning framework that will form part of the regulatory framework for STRA in NSW that is expected to commence in 2019.

The key amendments include: Continue reading

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Draft Urban Design Guide for Regional NSW – on public exhibition

The draft Urban Design Guide for Regional NSW: A Guide for Creating Healthy Built Environments in Regional NSW (“Guide”) has been prepared by the Government Architect NSW in collaboration with the Department of Planning & Environment and is currently on public exhibition.

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Inland Code for exempt and complying development

The NSW Department of Planning & Environment (‘DPE’) has announced that in regional NSW, approvals for new homes, home renovations and farm buildings will be made easier and faster when the Inland Code commences on 1 January 2019.

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Infrastructure SEPP amendments commence – additional consultation requirements for certain activities

On 31 August 2018, a range of changes to State Environmental Planning Policy (Infrastructure) 2007 (‘Infrastructure SEPP‘) came into force following the commencement of the  State Environmental Planning Policy (Infrastructure)  Amendment 2018 (‘2018 Amendments‘).

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When timing is everything in commencing class 5 prosecutions…

A recent decision of the Land and Environment Court is compulsory reading for statutory authorities with prosecution powers (or those the subject of a prosecution) as it examines how the period of limitation for commencing proceedings should be construed, as well as considering the Court’s jurisdiction to apply common law doctrines which have not been incorporated into a statute. Continue reading

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Existing use rights – what land do they attach to and which controls apply?

The Land and Environment Court (LEC) has recently considered what land can be considered to have the benefit of existing use rights and the application of development standards and controls in development control plans (DCPs) in the merit assessment of development relying on existing use rights.

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Amendments to Standard Instrument retail land use definitions

Earlier this year we blogged on the public exhibition of proposed amendments to the retail land use definitions in the Standard Instrument (Local Environment Plans) Order 2006 (Standard Instrumenthere.

New or revised definitions came into effect on 27 July and  31 August 2018.  In order to ensure consistency with the Standard Instrument, amendments were also made to State Environmental Planning Policies. Continue reading

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Executive liability – who it captures, and what can be done to avoid it

The issue of executive liability is an important topic for directors or persons concerned in the management of corporation who may be liable for the offences of a corporation. This article briefly examines the basis for liability including liability for council officers and considers what directors and persons concerned in the management of a corporation should do to avoid liability.

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New GIPA Regulation 2018: Open Access Information of Councils Changed

The Government Information (Public Access) Regulation 2018 (GIPA Reg 2018) commenced on 1 September 2018. The GIPA Reg 2018 repealed and replaced the  Government Information (Public Access) Regulation 2009 (GIPA Reg 2009).

The main difference between GIPA Reg 2018 and its predecessor as far as local councils are concerned relates to the scope of the open access information of a council.

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UPDATE – Prescribed Model Code of Conduct for Local Councils in NSW released

On 3 September 2018 the Minister for Local Government (Minister) released the 2018 Model Code of Conduct for Local Councils in NSW (Code), and Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW (Code Procedures).

The Code is not yet prescribed. The Office of Local Government has stated that an amendment to the Local Government (General) Regulation 2005 will shortly give effect to the Code. Once the Code is prescribed, councils will have 6 months to adopt a code of conduct that incorporates the Code.

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