The Exposure Draft Planning Bill 2013 (Planning Bill), which was released for public consultation along with the document published by the NSW Government on 16 April 2013 titled A New Planning System for NSW – White Paper, proposes several significant changes…
Planning Reform White Paper Released
16 Apr, 2013
The NSW Government has today released the White Paper on planning reform in NSW, ‘A new planning system for NSW’. Two Exposure Bills, the Planning Bill 2013 and the Planning Administration Bill 2o13 have also been released.
LEC remarks that road dedications can only be conditioned under s94 and pursuant to a contributions plan
30 Jan, 2013
Remarks made by Craig J in Australian International Academy of Education Inc v The Hills Shire Council [2013] NSWLEC 1 in Class 1 of the Land and Environment Court’s jurisdiction indicate that even if a developer offers to dedicate land…
Proposed Amendments to the EPA Act
25 Oct, 2012
On 24 October 2012 the Environmental Planning and Assessment Amendment Bill 2012 (Bill) was introduced into the NSW Legislative Assembly. The Bill proposes a number of amendments to the Environmental Planning and Assessment Act 1979 (EPA Act). Amongst the proposed…
Kempsey Shire Council v M A Roche Group Pty Ltd [2012] NSWLEC 211 demonstrates that the Court may not only use external documents to aid in the interpretation of a development consent condition, but may also incorporate provisions of such documents into…
A new Ministerial direction on local infrastructure contributions took effect on and from 28 August 2012 (Direction) to increase the cap on contributions for certain land from $20,000 to $30,000.
The Developer Charges Guidelines for Water Supply, Sewerage and Stormwater, 2012 – Consultation Draft have been prepared by the Urban Water branch of the NSW Office of Water for the purposes of s306(3) of the Water Management Act 2000 and…
Development Contributions & The Carbon Tax
6 Aug, 2012
In simple terms, the mechanisms established by the Clean Energy Act 2011 (Cth) to deal with climate change include establishing thresholds for greenhouse gas emissions and imposing unit shortfall charges measured in carbon units for emissions that exceed the threshold. This is what is commonly referred…
A new planning system for NSW
17 Jul, 2012
On 14 July 2012, the NSW Government released its green paper A New Planning System for New South Wales – Green Paper. The Green Paper is the NSW Government’s initial response to the recommendations of the Independent Panel that undertook a review…
NSW Budget 2012-2013 – An overview
28 Jun, 2012
On 12 June 2012 The Hon. Mike Baird MP Treasurer of New South Wales delivered the New South Wales 2012 – 2013 Budget (the Budget). The Budget promises to get ‘on with the job of building a stronger New South…
Best reasonable endeavours
24 May, 2012
On 4 May 2012 the Court of Appeal delivered judgment in the case of Foster v Hall [2012] NSWCA 122. The central issue was the interpretation of a clause in a contract for sale of land, which required the vendor…
Introduction In North Western Surveys Pty Limited v Penrith City Council [2012] NSWLEC 1017, Dixon C in the Land and Environment Court upheld an appeal by a developer against development consent conditions imposed by the Council that the Court held…