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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…
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Zombie Development: Acting on Old Development Consents
In recent years concerns have been raised by residents and environmentalists about ‘zombie’ housing estates in bushland areas along the NSW South Coast, including in the coastal towns of Manyana, Broulee and Tuross Head. The issue was back in the…
Existing uses – understanding the land being used
In any case involve existing use rights, one of the most critical issues is the extent of the land being used for the existing use. The determination of this issue is often a difficult exercise, requiring a detailed analysis of…
Fees for Building Information Certificates under the New EPA Regulation
The ability for Councils to charge fees for an application for a Building Information Certificate (BIC) has been removed by the Environmental Planning and Assessment Regulation 2021 (EPA Reg 2021). An application for a BIC is made to the council…
Lapsing of Consents for Staged Developments
A recent case has illustrated the importance of closely interpreting conditions in consents for staged developments not only for compliance purposes, but also to determine what is needed to prevent the development consent from lapsing. Donvito v Hawkesbury City Council [2022]…
Consolidated SEPPs — Summary of Where to Find the Former Instruments
We previously blogged on the consolidation of existing State Environmental Planning Policies into 11 new thematic instruments, in an attempt by the State Government to simplify the planning system. On 1 March 2022, the thematic SEPPs commenced. The former SEPPs…
Court of Appeal reinstates broad council immunity from liability for planning certificates
The Court of Appeal has unanimously allowed both appeals against the decision of the NSW Supreme Court in Lorenzato v Burwood Council [2020] NSWSC 1659. The Supreme Court had held that the Council was liable to the purchaser of a…
Commencement of the Environmental Planning and Assessment Regulation 2021
The Environmental Planning and Assessment Regulation 2021 (‘EP&A Reg 2021‘) commences on 1 March 2022 with the Environmental Planning and Assessment Regulation 2000 (‘EP&A Reg 2000‘) to be repealed on the same day. The NSW Government has stated that the…
Reasonable Endeavours for Public Authorities
The decision of the Supreme Court in 123 259 932 Pty Ltd v Cessnock City Council (No 2) [2021] NSWSC 1329 is a reminder that public authorities should exercise caution when entering into contracts that require the authority to take reasonable action…
Consolidation of SEPPs and Minister’s Planning Principles
On 2 December 2021, the NSW Government (Government) published 11 new thematic State Environmental Planning Policies (SEPPs) as part of a consolidation process to simplify the State’s planning policies. All 11 consolidated SEPPs will commence on 1 March 2022. From…
New Regulations for Infrastructure Contributions Released for Public Consultation
On 28 October 2021, the NSW Government released several documents as part of the infrastructure contributions reform package for public consultation. These documents include: Environmental Planning and Assessment Amendment (Infrastructure Contributions) Regulation 2021 (‘Amendment Regulation‘). Environmental Planning and Assessment (Local…
The New NSW Alfresco Dining Regime
As we all look forward to returning to our local restaurants, pubs and cafes the NSW Government has released their ‘Alfresco Restart Package’. Included in the Alfresco Restart Package are changes to the planning rules to enable premises across the…