In a decision that will effect every local government area in NSW, the Federal Court has held that Telstra does not require development consent to install about 1,800 new payphone cabinets throughout Australia (‘New Payphone Cabinets‘).  These payphone cabinets could…

In early March 2020, Planning for Bushfire Protection 2019 (PBP 2019) was given legislative effect and replaced Planning for Bushfire Protection 2006 (PBP 2006). PBP 2019 is not a response to the recent bush fire events in NSW, but the…

On 24 March 2020, the NSW Parliament passed the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (‘Emergency Measures Act‘).  The Act commences on the date of assent.  According to the NSW Parliament’s website, assent occurred on 25 March 2020. The…

A recent decision in the Land and Environment Court (Court) highlights a potential stumbling block for councils when taking enforcement action. The decision reinforces the fact that the Court’s Class 1 jurisdiction, being merits review in nature, is limited as…

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,…

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…

The Environmental Planning and Assessment Amendment (Building and Subdivision Certification) Regulation 2019 (Amendment Regulation) will make various amendments to the Environmental Planning and Assessment Regulation 2000 (EPA Regulation) regarding building and subdivision certification. These amendments are set out at Schedule…

In the recent case of Council of the City of Sydney v Bishop [2019] NSWCA 157, the Court of Appeal has analysed the operation of s5F of the Civil Liability Act 2002 (CL Act).  This section sets out the meaning of…

The Local Government Amendment Act 2019 (‘Amendment Act‘) received assent on 25 June 2019. The Amendment Act introduces several amendments to the Local Government Act 1993 (‘LG Act‘), two of which are considered to be of particular interest to those…

The Governor has issued further orders that change administrative arrangements and Ministerial responsibilities in NSW. These orders are the Administrative Arrangements (Administration of Acts—General) Order (No 2) 2019 (‘General Order‘), Administrative Arrangements (Administrative Changes—Ministers) Order (No 2) 2019 (‘Ministers Order‘),…

The Minister for Planning has given a new direction to local councils which impacts on the negotiation of planning agreements (‘VPA‘) which include the provision of affordable housing (‘VPAs for Affordable Housing’). Under s7.32 of the Environmental Planning and Assessment…

Following the return of the Coalition government on 23 March 2019, the Governor has issued Administrative Arrangements (Administrative Changes – Public Service Agencies) Order 2019, Administrative Arrangements (Administration of Acts—General) Order 2019 and Administrative Arrangements (Administrative Changes—Ministers) Order 2019 (together…