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Section 94 credits for previous development

28 Oct, 2011

On 14 October 2011, Commissioner Tuor in the Land and Environment Court handed down her decision in Meriton Apartments Pty Ltd v Council of the City of Sydney [2011] NSWLEC 1294. The case involved an appeal by Meriton against a decision…

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More on ‘Sweetwater’…

31 Aug, 2011

There is more to be said about the decision of Biscoe J in the Land and Environment Court in Sweetwater Action Group Inc v Minister For Planning [2011] NSWLEC 106 (7 July 2011) that was discussed in the In Focus…

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Enforcement of Planning Agreements under s93F(3)(g) EPA Act

22 Jul, 2011

The Land and Environment Court (Biscoe J) recently handed down its decision in Sweetwater Action Group Inc v Minister for Planning [2011] NSWLEC 106 (Sweetwater), a case that dealt with the question whether security provided under a planning agreement satisfied s93F(3)(g)…

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Reduction in SICs extended past 30 June 2011

24 Jun, 2011

In December 2008, the Rees government implemented a policy whereby the state would increase its contribution towards state infrastructure required in respect of new development from 25% of the cost of the infrastructure, to 50% of the cost of the…

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The No Man’s Land of s94 Contribution Planning

8 Mar, 2011

The NSW Government is now in caretaker mode pending the election on 26 March 2011. It has gone to the election without new Part 5B of the Environmental Planning and Assessment Act 1979 having commenced. Part 5B is set out in…

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Court of Appeal Straightens-Up s94 Credit Analysis

8 Mar, 2011

On 18 February 2011, the NSW Court of Appeal (Tobias, Campbell, Macfarlan JJA) delivered an important decision on how credits under s94 of the Environmental Planning and Assessment Act 1979 should be calculated for residential development on land historically used…

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Planning Agreements Given Further Legal Force

24 Feb, 2011

On and from 25 February 2011, planning agreements will be given further legal force through amendments to be made to the Environmental Planning and Assessment Act 1979 (EPA Act) and the Environmental Planning and Assessment Regulation 2000 (EPA Reg). The…

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