Author Archives: megan hawley
‘Paper subdivisions’ – A step closer
The Planning Minister today issued a media release regarding ‘paper subdivisions’. This follows on from the release for comment of draft amendments to the Environmental Planning & Assessment Regulation 2000 (EPA Reg) dealing with ‘paper subdivisions’. ‘Paper subdivisions’ are not … Continue reading
Conflicting objectives and overlapping purposes – A recent case looks at permissibility under Local Environment Plans
In a recent decision – Abret Pty Ltd vWingecarribee Shire Council [2011] NSWCA 107 – the News South Wales Court of Appeal has considered the role of objectives in local environment plans as well as how to determine the permissibility of developments with multiple and … Continue reading
Recent case on exercise of power to grant consent and validity of public notices
A recent decision of the NSW Land and Environment Court – Brown v Randwick City Council [2011] NSWLEC 172 – has found both a development consent granted by the Council, and a public notice of the grant of consent to be … Continue reading
Section 149 Certificate fees to increase on 1 July 2011
A number of increases to existing fees will be implemented with the commencement of the Environmental Planning and Assessment Further Amendment Regulation 2010, which comes into effect on 1 July 2011. From that date, councils can charge a fee for … Continue reading
Reduction in SICs extended past 30 June 2011
In December 2008, the Rees government implemented a policy whereby the state would increase its contribution towards state infrastructure required in respect of new development from 25% of the cost of the infrastructure, to 50% of the cost of the … Continue reading
Consumer Laws and Councils
From 1 January 2011 the provisions of various statutes dealing with consumer protection were consolidated into the Australian Consumer Law (ACL), which is contained in Schedule 2 to the Competition and Consumer Act 2010 (formerly the Trade Practices Act 1974). … Continue reading
Scope Of Councils’ Rating Powers
Councils’ powers in respect of determining categories for rating purposes, and leyving differential rates across categories, have been described by the Court of Appeal as ‘essentially unconfined’. The Court of Appeal held last year that the rating scheme in the Local … Continue reading
Councils’ Powers To Fell Trees Overhanging Roads
The Land and Environment Court has confirmed that councils have power to remove or lop trees and other vegetation that are on or overhanging a public road if, in the council’s opinion it is necessary for the purpose of carrying out … Continue reading
Councils To Be Exempt From Liability For Bush Fire Risk
Councils have long had exemption from liability in relation to advice given or actions done in good faith in relation to flood liable land and coastal zones. From 25 February 2011, this exemption will extend to advice given and actions … Continue reading
