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Do special executive liability provisions extend to council officers?
In a recent NSW Land and Environment Court decision, the Court rejected an appeal against a decision of the Local Court to stay a prosecution against a former General Manager of a regional Council. In doing so, the Court took…
ALERT: Reforms to Clause 4.6 Exceptions to Development Standards – commencing 1 November 2023
On 15 September 2023, the NSW Government published a package of amendments that will change the operation of clause 4.6 across all local environmental plans. The changes will commence on 1 November 2023 and follow consultation in 2021 by the…
TfNSW liable for nuisance in constructing the Sydney Light Rail – the importance of project planning
As part of wider class action proceedings, the Supreme Court of NSW (Court) has found Transport for NSW (TfNSW) liable for financial damage suffered by two businesses during the construction of the Sydney Light Rail under the legal principles of…
LEC upholds approval of Narrabri Coal Mine Extension as legally reasonable
In a significant recent decision, the Land and Environment Court (LEC) upheld the Independent Planning Commission of NSW’s (IPC) approval for an extension of the Narrabri Underground Mine (Mine) as legally reasonable. Background The proceedings were brought by Bushfire Survivors…
ALERT: Reforms to Sydney District, Regional and Local Planning Panels
The Department of Planning and Environment (Department) has announced a number of changes to the operation of Sydney District Panels and Regional Planning Panels (Regional Planning Panels) and Local Planning Panels (LPPs). The changes to the Regional Planning Panels have…
New Building Sustainability Scheme to commence in October 2023
The NSW Government has reformed legislative instruments dealing with building sustainability as part of its Net Zero strategy for greenhouse gas emissions. The amendments will require construction of more cost-effective and lower emission residential, commercial and public buildings. The higher…
Compulsory acquisition – what is an interest in land?
The Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act) provides that an owner of an interest in land which is divested, extinguished or diminished by a compulsory acquisition is entitled to compensation. The NSW Court of Appeal has…
Overshadowing considerations for development near Sydney parklands
The Greater Sydney Parklands Trust Act 2022 (Parklands Act) commenced on 1 July 2022. On the same date, the Minister for Cities gazetted the Greater Sydney Parklands Shadow Modelling Study 2022 (Shadow Modelling Study). The Parklands Act, in combination with…
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…
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…
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