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Reminder: The modification of a development consent is not the ‘grant of a development consent’
The power of a consent authority to modify a development consent is set out at sections 4.55 (for modification of consents generally) and 4.56 (for modification of consents granted by the Court) of the Environmental Planning and Assessment Act 1979…
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…
Challenging CDCs – Errors, time limits and the Court’s discretion
We previously blogged on the recent Court of Appeal decision in Ross v Lane [2022] NSWCA 235, in which the Court held that the application of SEPP 65 to a particular DA was not a “jurisdictional fact” capable of objective determination by…
Planning reforms to facilitate ‘agritourism’ finalised and certain
The NSW Government has finalised a number of planning reforms to help facilitate tourism activities on existing commercial farms, intended to increase their financial resilience to natural disasters and other adverse events. The changes include a number of new exempt…
Saving DAs – When is a development application ‘made’?
Many council’s local environmental plans (LEPs) include the model local clause 1.8A , which provides: 1.8A Savings provision relating to development applications [local] If a development application has been made before the commencement of this Plan in relation to land…
Consultation on Proposed Guidelines and Model Policy on the Lobbying of Councillors
The Office of Local Government (OLG) is currently seeking the input of councils into the development of guidelines under s 23A of the Local Government Act 1993 to promote transparency around the lobbying of councillors. The OLG has also requested the…
Exhibition of the Draft Coastal Design Guide
On 29 July 2022, the Department of Planning and Environment (‘DPE‘) released the draft NSW Coastal Design Guidelines (‘Draft Guidelines‘) for public consultation. The Draft Guidelines are intended to replace the current NSW Coastal Design Guidelines 2003, and have been…
‘Substantially the same’ – identifying the fundamental elements of development
Other than to correct a minor error, misdescription or miscalculation, a development consent can only be modified under sections 4.55 and 4.56 of the Environmental Planning and Assessment Act 1979 (EPA Act) if the consent authority or the Court is satisfied…
Reforms to the management of public interest disclosures in NSW
The Public Interest Disclosures Act 2022 (PID Act 2022) will commence either on 13 October 2023, being 18 months after the date of assent, or on an earlier day or days to be appointed by proclamation, and will repeal the…
Exhibition of the Design and Place SEPP 2021
UPDATE: On 6 April 2022, the Minister for Planning and Minister for Homes Anthony Roberts announced that, following public exhibition, the NSW government will not be introducing the Design and Place State Environmental Planning Policy. The Minister has advised that…
Proposed reforms to the Environmental Planning and Assessment Regulation 2000: Further Observations
In an earlier post, we alerted readers that on 5 August 2021 the Department of Planning, Industry and Environment (DPIE) released for public consultation the draft Environmental Planning and Assessment Regulation 2021 (Draft EPA Reg). The Draft EPA Reg is…
ALERT: Exhibition Draft of the Proposed Environmental Planning and Assessment Regulation 2021
On 5 August 2021, the Department of Planning, Industry and Environment (‘DPIE’) released for public consultation the draft Environmental Planning and Assessment Regulation 2021 (‘Draft EPA Regulation‘), which is intended to replace the Environmental Planning and Assessment Regulation 2000 (‘EPA Regulation 2000‘). The…
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