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…
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…
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)…
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…
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…
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‘)…