A recent decision of the Court of Appeal (‘Court‘) has ruled on the proper application of the State Environment Planning Policy (Sydney Drinking Water Catchment) 2011 (NSW) (‘Catchment SEPP‘) when a proposal for development will involve the discharge of water…
This blog follows our previous post on the key changes to the current system for land management and biodiversity conservation in NSW. In this post we focus on the new processes for the clearing of native vegetation due to commence operation on…
Analysis: Raising the Cap – Local Infrastructure Contributions for Dwellings and Residential Lots
In our recent ALERT, we notified of the new Environmental Planning and Assessment (Local Infrastructure Contributions) Amendment Direction 2017 (2017 Amendment) The 2017 Amendment amends the contributions cap for new dwellings and residential lots imposed under the Environmental Planning and Assessment (Local Infrastructure Contributions) Direction 2012…
The Court of Appeal has confirmed that in order for a development to comprise ‘retail premises‘ the development does not need to involve sales direct to the public.
ALERT: Consent authority functions for development of councillors of local councils abolished
The Environmental Planning and Assessment and Electoral Legislation Amendment (Planning Panels and Enforcement) Bill 2017 was passed by both Houses on 10 August 2017 (‘Bill‘). Notably, the Bill will abolish the role of councillors of councils in the Greater Sydney region…
The increased instance of ‘new generation boarding houses’ (long-term, low cost rental accommodation) under the State Environmental Planning Policy (Affordable Rental Housing) 2009 (‘SEPP ARH‘) raises an interesting question as to what constitutes BASIX affected development. This question goes to the…
A recent NSW Supreme Court case concerning defamatory statements made against a local councillor provides useful guidance on when the defence of “honest opinion and fair comment” will be made out. This decision assists councillors and other politicians in understanding when the law will and will…
Assessment of State Significant Projects
The NSW Department of Planning and Environment (‘Department‘) is reviewing the Environmental Impact Assessment (‘EIA‘) process for State significant projects. The Department has released nine draft guidelines for comment. The guidelines are designed to improve the EIA process for proponents, communities…
Shining a red light on brothels
In the recent case of Yao v Liverpool City Council [2017] NSWLEC 1167 (‘Yao’) the Land and Environment Court revised the planning principle relating to the location of brothels that was established in Martyn v Hornsby Shire Council [2004] NSWLEC 614 (‘Martyn’) in order…