On 12 February 2021, the Planning Secretary issued a new Planning Agreements Practice Note (VPA Practice Note). On the same day, the Environmental Planning and Assessment Amendment (Development Contributions) Regulation 2021 (Amendment Regulation) made a number of amendments to the…
Update: This decision was overturned by the Court of Appeal on 13 August 2021. See our new post here. A judge of the Land and Environment Court has ruled that the corridors in a self-storage development are not within the…
NSW Productivity Commission Publishes Final Report on Review of Infrastructure Contributions System
10 Dec, 2020
On 3 December 2020, the NSW Productivity Commission released its final report on its review of the infrastructure contributions system in NSW (Review), entitled Review of Infrastructure Contributions in New South Wales – Final Report (Final Report). Following on from the…
In a recent Land and Environment Court case, IPM Holdings Pty Limited v The Council of the City of Sydney [2020] NSWLEC 1593, the Court considered whether it could impose a condition of consent requiring a voluntary planning agreement (‘VPA‘)…
The State government yesterday introduced a suite of measures through Ministerial directions and determinations and amendments to regulations under the Environmental Planning and Assessment Act 1979 (EPA Act) relating to the payment of State and local infrastructure contributions and levies for…
Proposed reforms to development contributions in NSW
15 Apr, 2020
The NSW Department of Planning, Industry and Environment has announced a suite of proposed reforms to the development contributions system in NSW. The DPIE states that the purpose of the reforms are to ‘…fix the uncertainty of developer contributions to…
Is it mandatory for a voluntary planning agreement (VPA) under s7.4 of the Environmental Planning and Assessment Act 1979 (EPA Act) to be publicly notified contemporaneously with the development application, or the planning proposal to which it relates? This question…
Court reduces monetary contribution for material public benefit required by works condition of consent
3 Dec, 2019
In the recent case of Beaini Projects Pty Ltd v Cumberland Council [2019] NSWLEC 1547, the Land and Environment Court used its power under s 7.13(3) of the Environmental Planning and Assessment Act 1979 (‘EPA Act’) to amend a condition…
The Minister for Planning has given a new direction to local councils which impacts on the negotiation of planning agreements (‘VPA‘) which include the provision of affordable housing (‘VPAs for Affordable Housing’). Under s7.32 of the Environmental Planning and Assessment…
The Department of Planning and Environment has indicated that it is updating its policies and procedures for the safekeeping, release and monitoring of financial securities for enforcement of obligations under conditions of development consent and planning agreements (PA’s). It has also…
EPA Act Amendments – VPA preconditions no longer a restriction on issuing of occupation certificates
7 May, 2018
A small but significant change to the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) will take effect on 1 September 2018 removing a restriction on the issuing of occupation certificates where a precondition to the issuing of the certificate contained in…
In the recent case of McCloy Teralba v Lake Macquarie City Council [2017] NSWLEC 1752 the Land and Environment Court refused to allow a development consent to be modified under s96 of the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) by replacing…