Other than to correct a minor error, misdescription or miscalculation, a development consent can only be modified under sections 4.55 and 4.56 of the Environmental Planning and Assessment Act 1979 (EPA Act) if the consent authority or the Court is satisfied…
Existing uses – understanding the land being used
15 Jun, 2022
In any case involve existing use rights, one of the most critical issues is the extent of the land being used for the existing use. The determination of this issue is often a difficult exercise, requiring a detailed analysis of…
A recent decision by the NSW Court of Criminal Appeal (CCA) confirms that the Land and Environment Court (LEC) has the power to summarily dismiss a summary prosecution prior to final hearing when an essential condition of criminality cannot be…
A Reminder of the Importance of Information Addressing Jurisdictional Preconditions in Development Appeals
21 Apr, 2022
In the last 5 years, jurisdictional preconditions — being matters that must be considered or satisfied prior to the grant of development consent — have been under the microscope in the determination of development appeals by the Land and Environment…
In May 2020, as an emergency measure in response to the COVID-19 pandemic, section 8.10 of the Environmental Planning and Assessment Act 1979 (EPA Act) was amended to insert provisions that allowed 12 months for an appeal to be commenced in the…
Court of Appeal reinstates broad council immunity from liability for planning certificates
7 Mar, 2022
The Court of Appeal has unanimously allowed both appeals against the decision of the NSW Supreme Court in Lorenzato v Burwood Council [2020] NSWSC 1659. The Supreme Court had held that the Council was liable to the purchaser of a…
The use of evidence that may incriminate – Investigative powers under the POEO Act considered by the Court
16 Feb, 2022
In a recent decision of the NSW Land and Environment Court (Court), the Court considered how investigative powers under the Protection of the Environment Operations Act 1997 (POEO Act) can be used to gather a broad range of evidence and…
LEC Upholds IPC Approval of Narrabri Gas Project as Climate Change Litigation Takes Aim at Gas
20 Dec, 2021
Debate about the transition away from fossil fuels has recently focused in on plans for increased gas production, with Santos’ Narrabri Gas Project (Project) being a key feature of the NSW Government’s plans for the future of gas production in…
The Land and Environment Court of NSW (‘Court’) has updated its COVID-19 Pandemic Arrangements Policy (‘Policy’). The Policy commenced Wednesday, 1 December 2021 and replaces the previous policy made on 6 April 2021. A summary of the key changes are…
KEPCO Bylong Australia Pty Ltd (KEPCO) will seek special leave to appeal to the High Court following the third refusal of the Bylong Coal Project by the NSW Court of Appeal last month. In this blog, we look at the…
Subdivisions and Development Standards
18 Jul, 2021
In the recent case of Elimatta Pty Ltd v Read and Anor [2021] NSWLEC 75, Robson J of the Land & Environment Court found that the criteria to be met in a clause of the Yass Valley Local Environmental Plan…
After a number of weeks of uncertainty, the State Government has now amended the Environmental Planning & Assessment Regulation 2000 (EPA Reg) to ensure that a modification application made under s4.55 of the Environmental Planning & Assessment Act 1979 (EPA…