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ALERT: New Housing Delivery Authority and Rezoning Process for Major Residential Housing Projects
On Friday, 15 November 2024, the NSW state government announced the establishment of a new state-led approval pathway for major residential housing projects, as well as a new “fast track” process for rezonings required to enable major housing projects. To…
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Council not bound by resolution accepting offer to purchase land
A recent decision of the Court of Appeal (Court) examined whether a council was bound by way of land sale contract when it had merely resolved to enter into the contract but not executed the documentation. The case provides a…
Proposed changes to streamline development assessment in TOD Accelerated Precincts
The NSW Government recently identified 8 ‘Transport Oriented Development accelerated precincts’, being priority high growth areas for accelerated rezoning. Draft rezoning proposals are presently being publicly exhibited for 7 of the 8 precincts with rezoning expected to be finalised by…
REMINDER: Deferred commencement conditions cannot overcome issues relating to the power to grant development consent
Both consent authorities and applicants frequently seek to address adverse impacts arising from a proposed development by way of deferred commencement conditions under s4.16(3) of the Environmental Planning and Assessment Act 1979 (EPA Act). While this may be a practical…
A Reminder from the LEC that there is no power to grant partial consent to a prohibited development
Section 4.16(4) of the Environmental Planning and Assessment Act 1979 (EPA Act) allows a consent authority to grant either total or partial consent to a development application, by granting development consent to either: the development for which the consent is sought,…
Update on a consent authorities’ power to suspend the operation of an easement
The question of whether a consent authority has power to suspend the operation of an easement for the purpose of enabling development to be carried out in accordance with a development consent has again been the subject of consideration in…
The need for owner’s consent where a public authority is developing Crown land
It is well established that before a consent authority has the power to grant development consent, the owner of the land on which the development is to take place must give consent to the lodgment of the development application. If…
The Importance of BDARs: Biodiversity Assessment under the BC Act
Two development applications were recently refused by the Land and Environment Court due to unacceptable impacts on biodiversity values and deficiencies in a proponent’s biodiversity development assessment report (BDAR). The poor appreciation of proponents’ obligations under the Biodiversity Conservation Act 2016…
Biodiversity Assessment Method Review & Monitoring of the Biodiversity Credits Market by IPART
Public consultation is occurring in connection with a review of the Biodiversity Assessment Method (BAM) by the Minister administering the Biodiversity Conservation Act 2016 and the monitoring of the biodiversity credits market by the Independent Pricing and Regulatory Tribunal (IPART)….
IPART Proposes Changes to Council Rate Peg Methodology
Last week the Independent Pricing and Regulatory Tribunal (IPART) released a draft report proposing changes to the council rate peg methodology (Draft Report). Stakeholders can make submissions on the Draft Report until 4 July. In July 2023, IPART will hold…