Author Archives: stuart simington
Section 79C consideration of matters not covered by the description of development in a development application
In Hoxton Park Residents Action Group Inc v Liverpool City Council [2011] NSWCA 349, the NSW Court of Appeal upheld a challenge to the validity of a development consent and made some interesting findings about the consent authority’s obligation to … Continue reading
Environmental Planning and Assessment Regulation 2000 to remain in force
On 26 August 2011, the Subordinate Legislation Act 1989 was amended to provide that the Environmental Planning and Assessment Regulation 2000 will remain in force until 1 September 2013 unless sooner repealed.
Review of SEPP65 and Residential Flat Design Code
The Department of Planning & Infrastructure (DPI) is seeking comments on the areas of SEPP 65 and the Residential Design Flat Code (RFDC) that need to reviewed or amended. The comments are to guide the preparation of a Discussion Paper … Continue reading
Infrastructure NSW Bill 2011 passed
The Infrastructure NSW Bill 2011 was passed by the Parliament on 22 June 2011 without amendment and is now awaiting royal assent. You can read our previous post on the Bill here. A copy of the Bill as passed is … Continue reading
Infrastructure NSW – Co-ordination, monitoring and delivery of infrastructure in NSW
The Infrastructure NSW Bill 2011 has been introduced into the NSW Parliament. The Bill proposes to establish Infrastructure NSW to co-ordinate, oversee and monitor the delivery of and in some cases carry out and take over responsibility for major infrastructure projects … Continue reading
Court confirms that council fees may exceed actual costs
The Court has confirmed that councils may charge fees for service that exceed the council’s costs of providing the service.
New pre-litigation requirements in the Land and Environment Court
On 1 April 2011, the Civil Procedure Act 2005 was amended to include new requirements applying to parties prior to the commencement of civil proceedings. Unlike the Supreme Court, the amendments apply to all civil disputes in the Land and … Continue reading
Public service arrangements under new Government
The new Government has made a number of changes to the names of Departments and the structure of the NSW public service (Order of the Governor).
Compliance Cost Notice Provisions Have Commenced
Councils and other issuing authorities may now recover their reasonable costs of monitoring and ensuring compliance with orders given under s121B of the Environmental Planning and Assessment Act 1979. The amendments commenced on 25 February 2011. To recover these costs, … Continue reading
The Wide Scope Of Investigatory Notice Powers Under POEO Act
Section 193 of the Protection of the Environment Operations Act 1999 (POEO Act) enables an authorised officer to require a person to furnish to the officer with information or records (or both) in connection with any matter within ‘the responsibilities … Continue reading
