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ALERT – New Planning Circular regarding Consultation on Conditions of Consent
On 7 April 2025, the Department of Planning, Housing and Infrastructure (Department) issued a new Planning Circular (PS 25-001) titled ‘Best practice consultation of draft conditions of consent prior to determination’ (Conditions Circular). The Conditions Circular has been prepared following…
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UPDATE: High Court upholds common law principles of standing by persons with a “special interest”
In a recent decision, the High Court unanimously dismissed an appeal from the NSW Court of Appeal in an important case dealing with the common law principle of “standing” and the steps required to demonstrate a “special interest” in a…
VPAs & Benefit-Sharing for Renewable Energy Projects in NSW
Overview One of the key features of voluntary planning agreements (‘VPAs‘) under the Environmental Planning & Assessment Act 1979 (NSW) (‘EPA Act‘) is their potential to be used to enable communities to share in the benefits of development. This type…
High Court Confirms Native Title is a Proprietary Right & Subject to Constitutional Guarantee of Just Terms Compensation
Aboriginal and Torres Strait Islander readers are advised this article contains the name of a deceased person. On 12 March 2025, the High Court handed down its landmark decision in the much-awaited native title case of Commonwealth of Australia v Yunupingu…
Application of the In-fill Affordable Housing Bonus Provisions to Low and Mid-Rise Housing Areas
When the second stage of the low and mid-rise housing reforms commenced on 28 February 2025, the instrument that amended the State Environmental Planning Policy (Housing) 2021 (Housing SEPP) did not make the in-fill affordable housing bonus provisions in Chapter 2…
Further Consideration of the Approach to Calculating Gross Floor Area
A recent decision of the Land and Environment Court considers how the definition of ‘gross floor area’ (GFA) in the Standard Instrument Local Environment Plan (Standard Instrument) operates in respect of lifts and access to car parking areas. Gross Floor…
The dual meanings of “Land”
In a recent case, the Court of Appeal has once again considered an issue which arises in a range of different statutory contexts – what constitutes “land” or an “interest in land”? In this case, the issue for the Court’s…
Commencement of amendments to the Biodiversity Conservation Act 2016
Amendments to the Biodiversity Conservation Act 2016 commenced today, following assent being given to the Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Act 2024 in December 2024 (Amending Act). We detailed the amendments to the Act in our earlier post here. Some…
Employers can be liable for psychiatric injuries arising from termination
In December 2024, the High Court overturned a long-standing precedent preventing an employee from claiming damages for psychiatric injury arising from a breach of an employment contract by an employer. In Elisha v Vision Australia Limited [2024] HCA 50, the…
The new ‘FOGO’ recycling scheme for NSW
The Protection of the Environment Legislation Amendment (FOGO Recycling) Act 2025 (FOGO Act) has been passed by Parliament. This Act, which amends the Protection of the Environment Operations Act 1997 (POEO Act), mandates the collection of food organics and garden…
Water Allocation Decision Under Water Management Act Upheld
In a significant decision for water resource management in New South Wales, the Land and Environment Court recently dismissed a challenge to the Minister’s reduction of water allocations for supplementary licences in the Lower Namoi Regulated River Water Source. The…
Low and Mid Rise Housing Policy Amendment to the State Environmental Planning Policy (Housing) 2021
As foreshadowed in our article on 23 February here, the State Environmental Planning Policy (Housing) Amendment (Low and Mid Rise Housing) 2025 (Amending SEPP) commenced operation on Friday 28 February 2025 to give effect to the second stage of the…