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…
ALERT – Amendments to the EP&A Act – Environmental Planning and Assessment Amendment Bill 2017
25 Oct, 2017
On 18 October 2017, the NSW government introduced the Environmental Planning and Assessment Amendment Bill 2017 (‘Planning Bill‘) into Parliament. The Planning Bill substantially amends the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) in a number of important respects. This blog takes a…
Testing the waters – the Court of Appeal rules on the proper application of the Catchment SEPP
28 Aug, 2017
A recent decision of the Court of Appeal (‘Court‘) has ruled on the proper application of the State Environment Planning Policy (Sydney Drinking Water Catchment) 2011 (NSW) (‘Catchment SEPP‘) when a proposal for development will involve the discharge of water…
Analysis: Raising the Cap – Local Infrastructure Contributions for Dwellings and Residential Lots
17 Aug, 2017
In our recent ALERT, we notified of the new Environmental Planning and Assessment (Local Infrastructure Contributions) Amendment Direction 2017 (2017 Amendment) The 2017 Amendment amends the contributions cap for new dwellings and residential lots imposed under the Environmental Planning and Assessment (Local Infrastructure Contributions) Direction 2012…
The Environmental Planning and Assessment (Local Infrastructure Contributions) Amendment Direction 2017 was published today on the website of the NSW Department of Planning and Environment. It is accompanied by a Circular. The Direction is given by the Minister for Planning…