Today the Court of Appeal unanimously overturned the decision of Biscoe J of the Land and Environment Court regarding the requirements for security under planning agreements in Sweetwater Action Group Inc v Minister for Planning [2011] NSWLEC 106 . We have…
Section 94 credits for previous development
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…
More on ‘Sweetwater’…
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…
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)…
Reduction in SICs extended past 30 June 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…
A recurring issue for consent authorities, particularly councils, is whether development consent may be granted to development subject to a condition imposed under s80A(1)(f) of the EPA Act requiring a public work to be carried out by the developer if the…
Increasingly, it seems, the NSW Department of Planning requires councils to submit draft contributions plans to the Department or IPART for approval before being made. However, no such requirements are imposed on councils by the EPA Act or the EPA Regulation.
The No Man’s Land of s94 Contribution Planning
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…
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…
Planning Agreements Given Further Legal Force
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…
It is now well established that a condition requiring a contribution under s94 of the Environmental Planning and Assessment Act 1979 cannot not be imposed on a modification application under section 96 of that Act (see Peter Duffield and Associates…