Authorised Council officers are given broad powers to enter and search premises under a range of legislation, including the Environmental Planning and Assessment Act 1979 (EPA Act), the Local Government Act 1993 (LG Act) and the Protection of the Environment…
A relevant enforcement authority (including a local council) can issue a development control order (DCO) in certain circumstances to require a person to do or refrain from doing things to ensure compliance with the Environmental Planning and Assessment Act 1979…
Before taking enforcement action, it is critical for the enforcement agency to identify the correct perpetrator. A failure to do so may result in the validity of the enforcement action being successfully challenged or defeated. This issue regularly arises in…
The power of a consent authority to modify a development consent is set out at sections 4.55 (for modification of consents generally) and 4.56 (for modification of consents granted by the Court) of the Environmental Planning and Assessment Act 1979…
The Land and Environment Court recently handed down a decision dealing with the interrelation between the integrated development regime established under Div 4.8 of the Environmental Planning and Assessment Act 1975 (EP&A Act) and the regime for the provision of…
We previously blogged on the recent Court of Appeal decision in Ross v Lane [2022] NSWCA 235, in which the Court held that the application of SEPP 65 to a particular DA was not a “jurisdictional fact” capable of objective determination by…
The NSW Government has finalised a number of planning reforms to help facilitate tourism activities on existing commercial farms, intended to increase their financial resilience to natural disasters and other adverse events. The changes include a number of new exempt…
Local councils in New South Wales from time to time make development applications seeking consent to carry out development on land they own, occupy or otherwise control while at the same time being the consent authority responsible for determining the…
Many council’s local environmental plans (LEPs) include the model local clause 1.8A , which provides: 1.8A Savings provision relating to development applications [local] If a development application has been made before the commencement of this Plan in relation to land…
The meaning and effect of savings provisions in environmental planning instruments is often contentious. In many cases, the question of whether a particular application is “saved” has significant and meaningful consequences. A recent decision of the Land and Environment Court…
Other than to correct a minor error, misdescription or miscalculation, a development consent can only be modified under sections 4.55 and 4.56 of the Environmental Planning and Assessment Act 1979 (EPA Act) if the consent authority or the Court is satisfied…
As of 13 April 2022, the Greater Sydney Region, is to be known as the ‘Six Cities Region‘. The Greater Cities Commission Act 2022 (‘Cities Act‘) implements this change. The Cities Act also repeals the Greater Sydney Commission Act 2015…