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…
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
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…
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…
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)…