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ALERT: Housing Development Authority up and running in 2025
In late 2024, we blogged about the announcement of the new Housing Delivery Authority (HDA) by the NSW state government (see here). The HDA is now operational, having been established on 19 December 2024 by the Environmental Planning and Assessment…
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ALERT: New Housing Delivery Authority and Rezoning Process for Major Residential Housing Projects
On Friday, 15 November 2024, the NSW state government announced the establishment of a new state-led approval pathway for major residential housing projects, as well as a new “fast track” process for rezonings required to enable major housing projects. To…
Availability of Judicial Review to Set Aside Construction Certificate Confirmed by Court of Appeal
Recent years have seen several developments in the law regarding the validity of instruments such as development consents, complying development certificates and construction certificates. We have blogged on many of these cases (see here and here for instance). The Court…
The principle of standing in environmental litigation – a recent development
The common law principle of “standing” determines whether a person is entitled to commence proceedings in a particular forum or in respect to a particular issue. Demonstrating a “special interest” in the subject matter of proceedings has generally been sufficient…
REMINDER: When might interference with an easement be lawful?
Easements are interests in land that allow a person – usually the owner of specified land or a public authority – to use land which they do not own for a specific purpose such as access, drainage or water supply….
ALERT: New Practice Notes for Class 3 Proceedings
The Chief Judge of the Land and Environment Court has published two new Practice Notes (PNs) for Class 3 proceedings in the Land and Environment Court. The two new PNs will commence on 2 April 2024. The notes each relate…
ALERT: NSW Parliamentary Inquiry into the ability of local government to fund infrastructure and services
The NSW Legislative Council’s Standing Committee on State Development recently announced an inquiry into the ability of local government to fund infrastructure and services. When announcing the inquiry, the Chair of the Committee, Emily Suvaal MLC, noted that: ‘Councils are…
Characterisation of agricultural land uses involving cultivation and processing – a reminder of the principles
Introduction In a recent decision, the NSW Court of Appeal once again considered the correct approach to the characterisation of land uses, in this case concerning agriculture. The Court dismissed an appeal from a judgment of the Land and Environment…
Interim Heritage Orders: When is an Item ‘likely to be harmed’?
Interim Heritage Orders (‘IHOs‘) are orders commonly made by local councils to preserve the status quo in respect to items of potential heritage value which are not formally protected as heritage items. In certain circumstances, IHOs can be a potentially…
Continued: New plans to make Sydney living more diverse & denser
The NSW Government has at last provided some detail of its proposed low and medium-density housing reforms, releasing the “Explanation of Intended Effect” for the proposed changes (‘EoE‘). The EoE is on public exhibition from 15 December 2023 to 23…
New plans to make Sydney living more diverse, denser & a new SEPP
In an effort to tackle the current housing affordability issues facing the State, the NSW Government has announced a new plan to increase housing diversity and housing density across the State. The Government proposes to amend existing planning regulations to…
Limitation Period on Recovery of Overpaid Rates
The New South Wales Court of Appeal has recently clarified the scope of a ratepayer’s ability to recover overpaid rates and, in particular, the breadth of the restriction on such recovery imposed by the Recovery of Imposts Act 1963 (RoI…