It is well established that there are two ways to modify a development consent under the Environmental Planning and Assessment Act 1979. A consent may be modified by resort to the process in s96 or s96AA of the Act, or in consequence…
In conjunction with recent changes to the Class 1 Development Appeals Practice Note (‘Practice Note‘), the Land and Environment Court has also issued a new Conciliation Conference Policy (‘Policy‘). The Policy is substantially the same as the previous version. Nonetheless,…
The Land and Environment Court (‘Court’) has issued a new Practice Note for the conduct of class 1 residential development appeals. Parties should be familiar with the changes as the Practice Note imposes new obligations on parties with strict consequences for…
The recent decision of the Land and Environment Court of NSW (LEC) in Council of the City of Sydney v Blue Chips Franchise Pty Ltd [2017] NSWLEC 24, sheds some light on what constitutes a “reasonable excuse” for failing to comply with a requirement…