Before carrying out or approving an activity under Division 5.1 of the Environmental Planning and Assessment Act 1979 (‘EPA Act‘), determining authorities are required to consider the environmental impacts of the activity. This is commonly referred to as a review of…
How much ‘disturbance’ is required before compensation is payable when land is compulsorily acquired?
26 Sep, 2023
Given the significant number of public infrastructure construction projects at all levels of government – and particularly with large projects such as Sydney Metro, Western Sydney Airport, and WestConnex – the law regarding the compulsory acquisition of rights and interests…
Reminder: The modification of a development consent is not the ‘grant of a development consent’
19 Sep, 2023
The power of a consent authority to modify a development consent is set out at sections 4.55 (for modification of consents generally) and 4.56 (for modification of consents granted by the Court) of the Environmental Planning and Assessment Act 1979…
The recent decision of the NSW Court of Appeal in McMillan v Taylor [2023] NSWCA 183, builds upon two matters which have become somewhat familiar judicial themes over recent years: the proper role of Commissioners of the Land and Environment…
Two development applications were recently refused by the Land and Environment Court due to unacceptable impacts on biodiversity values and deficiencies in a proponent’s biodiversity development assessment report (BDAR). The poor appreciation of proponents’ obligations under the Biodiversity Conservation Act 2016…
Establishing whether a development consent has lapsed often involves a question about whether the works undertaken on the site have been “physically commenced”. However, it has long been established that works purportedly undertaken that are unlawful because they are in…
The Land and Environment Court recently handed down a decision dealing with the interrelation between the integrated development regime established under Div 4.8 of the Environmental Planning and Assessment Act 1975 (EP&A Act) and the regime for the provision of…
The NSW Land and Environment Court (Court) has handed down a decision under s 4.31 of the Environmental Planning and Assessment Act 1979 (EPA Act). Section 4.31 was first introduced on 1 March 2018 and allows the Court to declare a…
When is a height control a development standard?
31 May, 2023
The question of whether a particular clause is or is not a development standard has been a matter of considerable debate over many years. As discussed in our earlier blog here (Subdivisions and Development Standards), where a clause in an…
In a recent decision the Land & Environment Court considered a range of challenges to various decisions arising from a planning proposal to rezone land by amending the Bega Valley Local Environmental Plan 2013 (Amending LEP). The proceedings were brought…
Dedication of land for roads without a VPA
6 Mar, 2023
We have previously blogged about the case of L & G Management Pty Ltd v Council of the City of Sydney [2021] NSWLEC 1084 (L & G Management). That case confirmed previous case law to the effect that it is…
In a recent decision, the NSW Land and Environment Court considered the rules of statutory interpretation which apply to time limitations for the commencement of prosecutions under the National Parks and Wildlife Act 1974 (‘NPW Act‘) and the Biodiversity Conservation Act…