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The LEC describes what constitutes ‘adequate arrangements’ to make essential services available when required
Nearly all local environmental plans have an ‘essential services’ clause that requires a consent authority to be satisfied that services that are essential for development (commonly the supply of water or electricity, disposal of sewage, etc.) are available or that…
REMINDER: Requirements of the Mandatory Data Breach Notification Scheme for Public Sector Agencies
The Mandatory Notification of Data Breach Scheme (MNDB Scheme) is a mandatory notification requirement under the Privacy and Personal Information Protection Act 1998 (PPIP Act) for NSW public sector agencies, including all NSW agencies and departments, statutory authorities, local councils,…
NSW Government passes Bill creating new governance structure for ‘Rural and Remote Councils’
Last week the Local Government Amendment (Rural and Remote Councils) Bill 2024 (Bill) was passed by NSW Parliament. Once it commences, the Bill will insert a new Schedule 11 to the Local Government Act 1993 (LG Act) that will create a…
Integrated Development and the requirement in Planning for Bushfire Protection that Asset Protection Zones be maintained in perpetuity
Planning for Bushfire Protection 2019 (PBP) is often considered by consent authorities when dealing with development applications proposed on bush fire prone land, either by reason of section 4.14 of the Environmental Planning and Assessment Act 1979 (EPA Act) or when…
REMINDER: Footpath hazards – when is a Council protected from Liability under the Civil Liability Act?
In a recent decision, the District Court found that a Council was not liable to a plaintiff who had tripped on a raised paver in a park in Redfern. This case is a useful reminder of the various protections councils…
NCAT Affirms decision of the Commissioner for Fair Trading to disqualify a Registered Certifier for 10 years
The NSW Civil and Administrative Tribunal recently affirmed a decision by the Commissioner for Fair Trading (Commissioner) to cancel a certifier’s accreditation and disqualify him for being registered for a period of 10 years. The Commissioner’s decision followed several instances…
Protection for Councils’ Domestic and Waste Management Services Employees
On 15 December 2023, the Local Government (General) Regulation 2021 (LG Reg) was amended by the Local Government (General) Amendment (Tendering) Regulation (No 2) 2023 (Amending Regulation) to protect the employment of workers who provide domestic and waste management services contracts….
ALERT: Restructuring of the Department of Planning and Environment
The State Government is restructuring certain government departments including the Department of Planning and Environment (DPE). The division of responsibilities of the DPE is to be reallocated amongst other departments as set out below. The proposed changes are set out…
New NSW Coastal Design Guidelines and Coastal Crown Land Guidelines
The Department of Planning and Environment (Department) recently published the NSW Coastal Design Guidelines 2023 (Coastal Design Guidelines) and the Coastal Crown Land Guidelines 2023 (Coastal Crown Land Guidelines). Coastal Design Guidelines We previously discussed a draft of the Coastal…
Managing resident expectations in planning appeals – 2023 Update
Note: This blog was first published in January 2013. It has been updated to reflect changes in the law since then. Resident objectors have a unique role in development appeals in Class 1 of the Land & Environment Court’s jurisdiction….
Easements by prescription: What Constitutes Permission by a Servient Landowner?
In the recent NSW Supreme Court decision of Maloney v Putu Pty Ltd [2023] NSWSC 1148, the Court granted an easement by prescription over the defendant’s land to formalise the plaintiff’s right to use an access road which the plaintiff,…
New approach to calculating fees for development as ‘estimated development costs’ – commencing 4 March 2024
The NSW government recently introduced a new approach to development costs in response to the Independent Commission Against Corruption’s Operation Dasha report, which recommended changes to improve transparency and reduce the risk of corruption. The Environmental Planning and Assessment Amendment…
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