In the recent decision of Central Coast Council v 40 Gindurra Road Somersby Pty Ltd (N0 2) [2019] NSWLEC 171 (‘Gindurra‘), the Land and Environment Court further considered challenges to the validity of complying development certificates (‘CDCs’) in light of s4.31…

The Environmental Planning and Assessment Amendment (Community Participation Plans) Regulation 2019 (Amendments) came into force on 29 November 2019. The Amendments largely provided clarification on the minimum public exhibition periods required for certain categories of applications as set out in…

In the recent case of Beaini Projects Pty Ltd v Cumberland Council [2019] NSWLEC 1547, the Land and Environment Court used its power under s 7.13(3) of the Environmental Planning and Assessment Act 1979 (‘EPA Act’) to amend a condition…

The Land and Environment Court recently ruled that a voluntary interview between a Council officer and an individual was properly characterised as ‘required questioning’. As the individual’s answers were required, he should have been warned that he may object to…

I grew up in the Northern Rivers, just north of Lismore. Fire was not something we needed to think about: floods were the more common threat. ’54, ’74, ’89… the recital is well known to locals. However, to see over…

On Thursday 24 October 2019, the NSW State Government introduced the Environmental Planning and Assessment Amendment (Territorial Limits) Bill 2019 which will amend the Environmental Planning and Assessment Act 1979 (‘EPA Act‘). The bill, if passed, will insert a new…

The Native Title Legislation Amendment Bill 2019  (‘Bill‘) was reintroduced into Parliament on 17 October 2019. The Bill introduces a number of reforms to the native title system under the Native Title Act 1993 (Cth). A previous iteration of the Bill…

Proceedings in the Land and Environment Court often involve the use of expert evidence. Two recent decisions cast light on issues in the preparation of expert evidence that may affect the credibility of an expert witness. The comments made by…

The Land and Environment Court (‘Court‘) has recently refused 3 appeals against a council decision to declare that a land rating re-categorisation was to operate from a date significantly  later than the dates sought by the applicant.  In doing so,…

A Commissioner of the Land and Environment Court has confirmed that if a local council, as roads authority, is prevented from granting a consent under s138(1) of the Roads Act 1993 (Roads Act) because of a refusal by the RMS…

The deadline for the preparation of community participation plans (CPPs) is fast approaching. NSW planning authorities, including councils and State government agencies with key planning approval functions, are required to have prepared their first CPP before 1 December 2019.  Council’s…

On 2 October 2019, the Office of Local Government (‘OLG‘) issued Circular No 19-25 (‘Circular‘)  following the recent Supreme Court decision in Cornish v Secretary, Department of Planning, Industry and Environment [2019] NSWSC 1134 (‘Cornish‘). The OLG is considering the…