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ALERT: Second Stage of Low and Mid-Rise Housing Policy – Low and Mid-rise Housing Areas
The much anticipated low and mid-rise housing reform, the delivery of a second stage to the Low and Mid-Rise Housing Policy (Policy), is anticipated to commence on 28 February 2025. The reform is the second stage of the NSW Government’s…
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ALERT: LEC Practice Note on Use of Generative AI by Parties, Objectors and Experts
In November 2024, a number of NSW courts issued a practice note on the use of generative artificial intelligence (Gen AI). On 12 February 2025, an updated Practice Note by the Land and Environment Court (LEC) on this topic commenced. Similar…
Availability of Judicial Review to Set Aside Construction Certificate Confirmed by Court of Appeal
Recent years have seen several developments in the law regarding the validity of instruments such as development consents, complying development certificates and construction certificates. We have blogged on many of these cases (see here and here for instance). The Court…
An easement that prevents a landowner’s reasonable use of land is not an easement
Every easement is a form of interference with the ordinary use of the servient land. However, a right cannot be an easement if it is so extensive that the landowner of the servient tenement is effectively ‘ousted’ from the land…
ALERT: Amendments to the Regional Development Act 2004
In September 2023, the NSW government announced in the 2023/2024 budget that it would commit an initial investment of $350 million over 4 years into the Regional Development Trust Fund. This is the first step in the Regional Development Roadmap…
UPDATE: Court of Appeal overturns LEC decision on ‘single proposed development’
In April 2024 we wrote about a decision in the Land and Environment Court concerning a challenge to a development consent for an open cut silver, lead and zinc mine, which was State significant development (SSD). The consent was challenged…
Changes to strategic planning for bush fire – public exhibition of a Draft Bush Fire Prone Land Package
The Department of Planning, Housing and Infrastructure (DPHI) in partnership with the NSW Rural Fire Service (RFS), is publicly exhibiting a draft Bush Fire Prone Land Package (Draft Package). When finalised, the Draft Package would require consideration of new policy…
ALERT – Permissibility of Dual Occupancies and Semi-detached Dwellings in Zone R2
The State Environmental Planning Policy (Housing) Amendment (Dual Occupancies and Semi-detached Dwellings) 2024 (Amendment SEPP), which seeks to encourage development for the purposes of dual occupancies and semi-detached dwellings in Zone R2 R2 Low Density Residential, has been published. The…
ALERT: New Practice Notes for Class 3 Proceedings
The Chief Judge of the Land and Environment Court has published two new Practice Notes (PNs) for Class 3 proceedings in the Land and Environment Court. The two new PNs will commence on 2 April 2024. The notes each relate…
“Single Proposed Development” and Likely Impacts in the Context of State Significant Development
It is not unusual for proponents of major development and infrastructure projects to have to grapple with the question of whether an ancillary, albeit necessary, piece of infrastructure for the project, such as a road, electricity transmission line, or a…
Interim Heritage Orders: When is an Item ‘likely to be harmed’?
Interim Heritage Orders (‘IHOs‘) are orders commonly made by local councils to preserve the status quo in respect to items of potential heritage value which are not formally protected as heritage items. In certain circumstances, IHOs can be a potentially…
Alert: In-Fill Affordable Housing and Amendment of the Housing SEPP
Amendments to the State Environmental Planning Policy (Housing) 2021 (Housing SEPP) which were announced by the NSW Government in June 2023, came into effect yesterday, 14 December 2023 with the making of the State Environmental Planning Policy Amendment (Housing) 2023…