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Further Consideration of the Approach to Calculating Gross Floor Area
A recent decision of the Land and Environment Court considers how the definition of ‘gross floor area’ (GFA) in the Standard Instrument Local Environment Plan (Standard Instrument) operates in respect of lifts and access to car parking areas. Gross Floor…
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The dual meanings of “Land”
In a recent case, the Court of Appeal has once again considered an issue which arises in a range of different statutory contexts – what constitutes “land” or an “interest in land”? In this case, the issue for the Court’s…
The new ‘FOGO’ recycling scheme for NSW
The Protection of the Environment Legislation Amendment (FOGO Recycling) Act 2025 (FOGO Act) has been passed by Parliament. This Act, which amends the Protection of the Environment Operations Act 1997 (POEO Act), mandates the collection of food organics and garden…
Update: Do special executive liability provisions extend to council officers?
The Court of Criminal Appeal has allowed an appeal against the Land and Environment Court’s decision in Environment Protection Authority v McMurray [2024] NSWLEC 6, finding that the special executive liability provisions in the Protection of the Environment Operations Act…
Vibrancy Reforms Bill Passed by Parliament
On 16 May 2024, the Environmental Planning and Assessment Amendment (Vibrancy Reforms) Bill 2024 (Bill) was passed by NSW Parliament. The Bill is now awaiting assent and will commence on a date to be proclaimed. The Bill will insert a…
Do special executive liability provisions extend to council officers?
This decision has been overturned on appeal. See our blog in respect of the appeal judgment here. In a recent NSW Land and Environment Court decision, the Court rejected an appeal against a decision of the Local Court to stay…
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…