[ IN FOCUS ]
Managing Coastal Hazards – Time Limited Conditions of Consent
Time limited conditions of consent can be used to restrict the period within which a development consent operates, and may be used as a tool to allow for the occupation of coastal lands until they are compromised by coastal hazards….
1
What Constitutes a Leave of Absence from a Council Meeting?
There are significant consequences for councillors who are absent from council meetings, including the ‘vacation of civic office’ in the case of absence from 3 consecutive ordinary meetings of a council without the prior leave of the council. In Loder…
UPDATE – Extension of COVID Prescribed Period and Special Provisions
We previously posted a blog regarding the enactment of the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (Emergency Measures Act) which amended various statutes including the Environmental Planning and Assessment Act 1979 (EPA Act) and the Local Government Act 1993…
Agreements to progress re-zoning and development of land – when might they be an unlawful fetter on statutory powers?
The Supreme Court recently considered a case involving a Deed of Agreement (Agreement) that was entered into between a council and landowner involving the re-zoning and subdivision of land, and subsequent transfer of part of the land that had high…
Amendments to the EPA Regulation- NSW Planning Portal
The Environmental Planning and Assessment Amendment (Planning Portal) Regulation 2020 commenced on 1 July 2020 and introduced some important changes to the Environmental Planning and Assessment Regulation 2000. The amendments require the use of the NSW planning portal as the central…
Reforms to Local and Regional Planning Panels from 1 August 2020
Last week the Department of Planning, Industry and Environment (DPIE) announced changes to the operation of Local and Regional Planning Panels, to commence from 1 August 2020. The key change is that local councils will determine modification applications for both…
Characterising Accessways to Development
We have previously blogged about the task of characterising an access way to a development. In the recent case of Ballina Shire Council v Palm Lake Works [2020] NSWLEC 41, the Court considered whether an access way to a proposed seniors…
Impacts of Works Related to Development and Deferred Commencement Conditions
In the recent decision of Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 (Ballina v Palm Lake), the Land and Environment Court emphasised the importance of properly considering the matters listed in s4.15(1) of the Environmental…
No right of appeal against Council’s rejection of DAs, including for lack of owner’s consent
The Land and Environment Court recently ruled that there is no right of appeal against a council’s decision to reject a development application (DA). This changes the legal position, as an earlier decision of the Court held that there was…
Lapsing of Consents – Preliminary Work and Extension of time
Last week 2 significant changes were made to the law in respect of the lapsing of developments consents. First, the Environmental Planning and Assessment Regulation 2000 (EPA Reg) was amended to preclude preliminary works from saving a consent from lapsing, and…
COVID 19 – Local Government Regulation to Assist in Financial Relief
Many councils have been investigating ways to provide some financial relief to ratepayers in response to the COVID-19 pandemic. However the strict financial and procedural provisions of the Local Government Act 1993 (LG Act) have presented various obstacles to doing…
COVID-19 – AirBNB Regulation Repealed
On Friday 3 April, the State government made the Fair Trading Amendment (Code of Conduct for Short-term Rental Accommodation Industry) Repeal Regulation 2020 (Repeal Regulation), to repeal a regulation it only gazetted on 16 March 2020 regarding short term rental…