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UPDATE: Building (Approvals and Practitioners) Bill Passed
In our article published on 22 June 2026 here, we discussed some of the reforms proposed in the Building (Approvals and Practitioners) Bill 2026 (Bill) in respect of prefabricated housing and amendments to the Environmental Planning & Assessment Act 1979…
Proposed New Councillor Conduct Framework
In 2025, the NSW government proposed amendments to the Local Government Act 1993 (LG Act) by way of the Local Government and Other Legislation Amendment (Councillor Conduct) Bill 2025 (Conduct Bill). The Conduct Bill proposed, amongst other things, escalation of…
Changes to Renewable Energy Planning Agreements Likely Coming in 2026
Voluntary planning agreements are frequently used by planning authorities, such as local councils, as the legal mechanism by which proponents of renewable energy projects share the benefits of those projects with the local community. Planning agreements for renewable energy projects…
ALERT: New Discussion Papers on Development Assessment and Conditions of Consent
On 2 July 2026, the NSW Government released two consultation papers: the Improving Development Assessment Discussion Paper (DA Discussion Paper) and the Standard and Model Conditions of Consent: Explanation of Intended Effect (Conditions EIE). Each addresses a familiar aspect of…
Bill to amend the Crown Land Management Act 2016
On 17 March 2026, the Crown Land Management Amendment (Statutory Review) Bill 2026 (the Bill) was introduced into Parliament to amend the Crown Land Management Act 2016 (CLM Act), the Commons Management Act 1989 and Crown Land Management Regulation 2018 (CLM Regulation)….
Building and completion approvals and pre fabricated buildings
The Building (Approvals and Practitioners) Bill 2026 was introduced into the NSW Parliament in May and proposes to consolidate provisions of the Environmental Planning & Assessment Act 1979 (EPA Act) and Design and Building Practitioners Act 2020 and Building and…
Reminders from the LEC: What constitutes the erection of a ‘Building’?
In two recent Commissioner decisions, the Land and Environment Court has again considered what constitutes a ‘building‘ for the purposes of the Environmental Planning and Assessment Act 1979 (EPA Act). The EPA Act defines a ‘building‘ as including ‘part of a…
Low Rise Housing | Targeted Assessment Pathway and Complying Development Variations
The NSW Government has taken the next step towards what it says will facilitate faster housing delivery by releasing two key papers for public consultation to provide for streamlined low-rise housing development assessments. Consultation both papers (linked at the bottom…
Guidance from the LEC on Assessing Likely Impacts on Biodiversity Values – the relationship between the BC Act & the EPA Act
Part 7 of the Biodiversity Conservation Act 2016 (BC Act) which governs biodiversity assessment and approvals, prevails over the Environmental Planning and Assessment Act 1979 (EPA Act) or any instrument made under the EPA Act, to the extent of any…
Court of Appeal Confirms Role of Commissioners in Section 34 Agreements
In Class 1, 2 and 3 appeals in the Land and Environment Court (LEC), it is common for parties to reach an agreement in a conciliation conference on the issues in dispute prior to the final hearing and enter into a…
Proposed Amendments to the Resilience and Hazards SEPP to Improve Coastal Management
The Department of Planning, Housing and Infrastructure is exhibiting proposed amendments to the State Environmental Planning Policy (Resilience and Hazards) 2021 (RH SEPP), and other legislation, described as providing clarity on existing provisions relating to: coastal subdivisions and boundary adjustments,…
Expert Evidence in Judicial Review Proceedings
Ordinarily in judicial review proceedings, evidence which was not before the original decision-maker cannot be relied on to challenge the validity of the relevant decision. This is because judicial review is concerned only with the lawfulness of a decision and…