The Department of Planning and Environment is publicly exhibiting a document titled ‘Local infrastructure contributions practice notes‘ (Draft VPA Practice Note) as part of its set of new infrastructure contribution practice notes. The Department is seeking feedback until Friday 23…
The Department of Planning and Environment is publicly exhibiting a new set of local infrastructure contribution practice notes and seeking feedback until Friday 23 February 2024. The Department’s website states that it ‘has undertaken the first comprehensive rewrite of all…
On 25 August 2023, the NSW Department of Planning and Environment released the draft Environmental Planning and Assessment (Housing and Productivity Contribution) Order 2023 (Ministerial order) to give effect to the introduction of the Housing and Productivity Contribution (HPC). The…
ALERT: Bill for Housing & Productivity Development Contributions Scheme Passed by Parliament
30 Jun, 2023
The Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023 which was introduced into the NSW Legislative Assembly on 23 May 2023 was passed by Parliament on 28 June 2023. It is currently awaiting assent and will commence on…
Bill for Housing & Productivity Development Contributions Scheme Introduced into NSW Parliament
24 May, 2023
The Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023 was introduced into the NSW Legislative Assembly on 23 May 2023. The Bill is now awaiting debate following the Minister’s second reading speech. The Bill is for an…
Dedication of land for roads without a VPA
6 Mar, 2023
We have previously blogged about the case of L & G Management Pty Ltd v Council of the City of Sydney [2021] NSWLEC 1084 (L & G Management). That case confirmed previous case law to the effect that it is…
Infrastructure Reforms Shelved
28 Sep, 2022
We previously published an article about the introduction of the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 (‘Bill‘) to the Legislative Assembly on 22 June 2021. The Bill proposed to rewrite the NSW infrastructure contributions system under Part…
The NSW Land and Environment Court has recently confirmed that there is no power for a consent authority to require dedication of land free of cost, even if the developer volunteers to do so, absent a voluntary planning agreement (‘VPA‘)…
On 28 October 2021, the NSW Government released several documents as part of the infrastructure contributions reform package for public consultation. These documents include: Environmental Planning and Assessment Amendment (Infrastructure Contributions) Regulation 2021 (‘Amendment Regulation‘). Environmental Planning and Assessment (Local…
We previously wrote about the decision of the Land and Environment Court in Buyozo Pty Limited v Ku-ring-gai Council [2021] NSWLEC 2 here. Pepper J held that the corridors in a self storage development were not ‘gross floor area‘ (GFA)…
ALERT: Exhibition Draft of the Proposed Environmental Planning and Assessment Regulation 2021
9 Aug, 2021
On 5 August 2021, the Department of Planning, Industry and Environment (‘DPIE’) released for public consultation the draft Environmental Planning and Assessment Regulation 2021 (‘Draft EPA Regulation‘), which is intended to replace the Environmental Planning and Assessment Regulation 2000 (‘EPA Regulation 2000‘). The…
As part of a suite of reforms introduced with the 2021–22 Budget, the NSW Government introduced the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 (‘Bill‘) to the Legislative Assembly on 22 June 2021. The Bill proposes to rewrite the…