Author Archives: dr lindsay taylor
Local Government Amendment Act 2012
The Local Government Act 2012 (‘Amendment Act‘) was assented to on 4 April 2012. The Amendment Act amends the Local Government Act 1993 (‘LGA‘) in relation to the following matters: leases and licences of community land, vacancies in civic office, … Continue reading
Council’s Attempt to Avoid S94 Contributions Cap Thwarted by Court
Introduction In North Western Surveys Pty Limited v Penrith City Council [2012] NSWLEC 1017, Dixon C in the Land and Environment Court upheld an appeal by a developer against development consent conditions imposed by the Council that the Court held … Continue reading
Section 94 credits for previous development
On 14 October 2011, Commissioner Tuor in the Land and Environment Court handed down her decision in Meriton Apartments Pty Ltd v Council of the City of Sydney [2011] NSWLEC 1294. The case involved an appeal by Meriton against a decision … Continue reading
More on ‘Sweetwater’…
There is more to be said about the decision of Biscoe J in the Land and Environment Court in Sweetwater Action Group Inc v Minister For Planning [2011] NSWLEC 106 (7 July 2011) that was discussed in the In Focus … Continue reading
Enforcement of Planning Agreements under s93F(3)(g) EPA Act
The Land and Environment Court (Biscoe J) recently handed down its decision in Sweetwater Action Group Inc v Minister for Planning [2011] NSWLEC 106 (Sweetwater), a case that dealt with the question whether security provided under a planning agreement satisfied s93F(3)(g) … Continue reading
The overlap between s80A(1)(f) works conditions & s94 contributions conditions
A recurring issue for consent authorities, particularly councils, is whether development consent may be granted to development subject to a condition imposed under s80A(1)(f) of the EPA Act requiring a public work to be carried out by the developer if the … Continue reading
S94 Contributions Plans – Departmental Requirements, Circulars & Practice Notes
Increasingly, it seems, the NSW Department of Planning requires councils to submit draft contributions plans to the Department or IPART for approval before being made. However, no such requirements are imposed on councils by the EPA Act or the EPA Regulation.
The No Man’s Land of s94 Contribution Planning
The NSW Government is now in caretaker mode pending the election on 26 March 2011. It has gone to the election without new Part 5B of the Environmental Planning and Assessment Act 1979 having commenced. Part 5B is set out in … Continue reading
Court of Appeal Straightens-Up s94 Credit Analysis
On 18 February 2011, the NSW Court of Appeal (Tobias, Campbell, Macfarlan JJA) delivered an important decision on how credits under s94 of the Environmental Planning and Assessment Act 1979 should be calculated for residential development on land historically used … Continue reading
Modification of Development Consents and Planning Agreements
It is now well established that a condition requiring a contribution under s94 of the Environmental Planning and Assessment Act 1979 cannot not be imposed on a modification application under section 96 of that Act (see Peter Duffield and Associates … Continue reading
