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Commencement of Development Consents: Requirement for Registration on the NSW Planning Portal
With the commencement of the Environmental Planning and Assessment Amendment (Planning Portal) Regulation 2020 on 1 July 2020, the NSW planning portal became the central platform for the making of development applications (and other applications) with a consent authority. To…
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UPDATE – Telstra Payphone Cabinets NOT ‘low-impact facilities’
In April 2020, we blogged on a decision of a judge of the Federal Court which held that Telstra Corporation did not require development consent (or planning permission under the town planning laws of other states) to install about 1,800…
Easements over Public Land
Section 88K of the Conveyancing Act 1919 (‘s88K‘) enables the Supreme Court to grant an easement over land in circumstances where such an easement is reasonably necessary for the effective use or development of the land which is to have…
Liability as an Occupier of Public Land and Effective Warning Signs
The ownership and control of public land is varied. It may be owned and managed by a local council, or owned by the Council and managed by the private sector. Alternatively it may be owned by the State government and…
Land Categorisation for Rating Purposes: When is the dominant use ‘mining’?
The Land and Environment Court has recently considered whether land surrounding an open cut mine and in the same ownership as the mine but used for grazing and cropping activities and as an offset for the coal mine was properly…
ALERT – Proposed Amendments to Flood Prone Land Use Regulations and Controls
The NSW Department of Planning, Industry and Environment has announced proposed amendments to the regulations, directions, guidelines and policies relevant to flooding and flood-related constraints in land use planning (‘Flood Prone Land Package‘). The Flood Prone Land Package has been…
New Certifier Regulations – Impacts for Councils
The Building and Development Certifiers Act 2018 (‘BDC Act‘) will commence on 1 July 2020 together with the Building and Development Certifiers Regulation 2020 (‘BDC Reg‘). This article discusses the key regulatory changes they will bring and how these changes…
COVID-19 Update: Electronic conduct of planning bodies’ public meetings and public hearings
The State Government has introduced the Environmental Planning and Assessment Amendment (COVID-19 Planning Bodies) Regulation 2020 (‘COVID Reg‘). The COVID Reg deals with the holding of public meetings and public hearings by planning bodies. It is aimed at ensuring both the…
New Payphone Cabinets – When is Development Consent Required?
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…
Commencement of Planning for Bushfire Protection 2019
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…
COVID-19 Emergency Measures Act Amends Planning and Local Government Laws
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…
Enforcement Issues in Merit Appeals – What are the limits?
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…