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REMINDER: Deferred commencement conditions cannot overcome issues relating to the power to grant development consent
Both consent authorities and applicants frequently seek to address adverse impacts arising from a proposed development by way of deferred commencement conditions under s4.16(3) of the Environmental Planning and Assessment Act 1979 (EPA Act). While this may be a practical…
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Update on a consent authorities’ power to suspend the operation of an easement
The question of whether a consent authority has power to suspend the operation of an easement for the purpose of enabling development to be carried out in accordance with a development consent has again been the subject of consideration in…
ALERT: Statutory Review of Crown Land Management Act 2016 – Key Issues to Consider
As part of a 5-year statutory review, the Department of Planning, Housing and Infrastructure has been appointed to review the Crown Land Management Act 2016 (CLM Act). During its review, it has released a discussion paper seeking input from stakeholders….
Unreasonable conduct results in the burdened landowner paying costs in s88K proceedings
Introduction The Supreme Court has the power to grant easements if the easement is “reasonably necessary for the effective use or development of other land that will have the benefit of the easement”: s 88K(1) of the Conveyancing Act 1919…
The need for owner’s consent where a public authority is developing Crown land
It is well established that before a consent authority has the power to grant development consent, the owner of the land on which the development is to take place must give consent to the lodgment of the development application. If…
ALERT: Restructuring of the Department of Planning and Environment
The State Government is restructuring certain government departments including the Department of Planning and Environment (DPE). The division of responsibilities of the DPE is to be reallocated amongst other departments as set out below. The proposed changes are set out…
Reclassifying community land – is it effective to permit its sale?
Note: Since this article was published, this case is now undergoing appeal. We will keep you informed of any developments. Introduction With some exceptions, land owned and controlled by local Councils, can generally be described as public land. Such land…
TfNSW liable for nuisance in constructing the Sydney Light Rail – the importance of project planning
As part of wider class action proceedings, the Supreme Court of NSW (Court) has found Transport for NSW (TfNSW) liable for financial damage suffered by two businesses during the construction of the Sydney Light Rail under the legal principles of…
Challenging a CDC – the importance of the CDC’s purpose and the scope of s 4.31
The NSW Land and Environment Court (Court) has handed down a decision under s 4.31 of the Environmental Planning and Assessment Act 1979 (EPA Act). Section 4.31 was first introduced on 1 March 2018 and allows the Court to declare a…
Court confirms the limitations on the recovery of overpaid council rates
The Supreme Court of NSW (Supreme Court) has considered whether a landowner, who was successful in an appeal against the failure of the council to recategorise its land as farmland, was subsequently entitled to a refund of the amount of…
New planning controls to encourage the installation of electric vehicle charging units in NSW
According to the NSW Electric Vehicle Strategy (2021), electric vehicle sales are projected to increase to 52% of total vehicle sales by 2030-31, making it crucial to establish more electric vehicle charging locations across the state. To address the likely…
Tendering regulations updated for local councils and joint organisations
Following the Local Government Tendering Regulation Review Discussion Paper September 2021 (‘Discussion Paper‘), the Local Government (General) Amendment Regulation (No 2) 2022 (‘Amendment Reg‘) commenced on 16 December 2022. The Amendment Reg updates the tendering provisions to reflect the current…