Author Archives: lindsay taylor lawyers
Conditions proposed by objector requiring carbon offsets in Part 3A coal mine expansion upheld
In Hunter Environment Lobby Inc v Minister for Planning & Anor [2011] NSWLEC 221, Pain J in the Land & Environment Court determined an appeal on the merits broughtby an environmental lobby group against an approval granted by the Minister under Part 3A of … Continue reading
Validity of a condition development consent – underground cables
A recent decision of the NSW Court of Appeal - Botany Bay City Council v Saab Corp Pty Ltd [2011] NSWCA 308 – held that a condition of development consent requiring a developer to place telecommunications and electricity cables underground (Cabling … Continue reading
NSW Planning Review
As part of the NSW Planning System Review, submissions are being encouraged from members of the public and community groups in four key areas:
Exempt and complying development
The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) specifies types of development which are exempt or complying development. The transitional provisions in the Codes SEPP are to the effect that local controls on
Part 3A Repeal – State Significant Development and Infrastructure
On Thursday, 18 August 2011, a draft SEPP was placed on exhibition for public comment which identifies categories of development which will be state significant development (SSD) or state significant infrastructure (SSI) when the Environmental Planning and Assessment Act 1979 is … Continue reading
LTL has moved…
LTL has moved… from Monday 1 August 2011 our new address is: Lindsay Taylor Lawyers Level 9, Suite 3 420 George Street Sydney NSW 2000 Located between Market Street and King Street, 420 George is a brand new office tower … Continue reading
EPA Amendment (Part 3A Repeal) Act 2011: further details
Further to our update on 17 June 2011, the Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011 was passed on 22 June 2011 (Act). Consistent with the Government’s election promise, the Act repeals Part 3A of the Environmental … Continue reading
Part 3A to be repealed
The Environmental Planning and Assessment Amendment (Part 3A Repeal) Bill 2011 (Bill) was introduced into the Legislative Assembly on 16 June 2011. As expected, the Bill repeals Part 3A of the Environmental Planning and Assessment Act 1979 (EPA Act).
Council prosecuted in relation to threatened species
The recent prosecution of a council regarding threatened species emphasises the need for councils to have in place robust environmental systems, procedures and instructions to ensure that harm to the environment does not occur when performing routine public works.
Affordable Housing: New Government returns more planning powers to local communities
The NSW Government has handed back further planning powers to councils. Following recent amendments in relation to Major Projects, State Environmental Planning Policy (Affordable Rental Housing) Amendment 2011 (Amendment SEPP) requires affordable rental and social housing development to be more … Continue reading
