The Land and Environment Court recently ruled that there is no right of appeal against a council’s decision to reject a development application (DA). This changes the legal position, as an earlier decision of the Court held that there was…
The NSW Civil and Administrative Tribunal has again dealt with a dispute concerning public access to copyright material under the Government Information (Public Access) Act 2009 (GIPA Act). While the facts of this case are similar to those of a case…
On 14 May 2020 significant changes were made to the Environmental Planning and Assessment Act 1979 (EPA Act) to implement emergency measures in response to the COVID-19 pandemic. Extension of Time to commence Class 1 Appeals Previously, a person had 6…
The Acting Chief Judge of the Land and Environment Court has published a new Court policy in response to the COVID-19 pandemic. The ‘COVID-19 Pandemic Arrangements Policy‘ (‘COVID-19 Policy‘) commenced on 23 March 2020, although it appears that it will…
The Land and Environment Court has recently considered whether land regulated by a Community Management Scheme (“CMS”) can be the subject of a building information certificate (“BIC”) to regularise unlawful development that contravenes the by-laws of the CMS. Facts In…
The flaws in the private certification regime have surfaced again. The Land and Environment Court has held in Omaya Investments Pty Limited v Dean Street Holdings Pty Limited (No 5) [2020] NSWLEC 9 that the modification of a construction certificate…
In the recent decision of 278 Palmer Street Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 1012, the Land and Environment Court considered a development control plan clause which required engineering certification that development works would…
In the recent case of S J Connelly CPP Pty Ltd and Kate Singleton Pty Ltd t/as Planners North v Northern Regional Planning Panel (No 2) [2019] NSWLEC 199, the Land and Environment Court (‘the Court’) considered whether the land…
A recent decision in the Land and Environment Court (Court) highlights a potential stumbling block for councils when taking enforcement action. The decision reinforces the fact that the Court’s Class 1 jurisdiction, being merits review in nature, is limited as…
Conducting a successful investigation is a complex and difficult task, and investigators need to have a firm grasp on the best techniques to ensure that they gather strong and admissible evidence for future enforcement action. In this blog we look…
A recent decision of the Land and Environment Court highlights the considerations that arise when amending charges defective because of duplicity. A duplicitous charge is one in which the charge, on its face, alleges more than one offence. The Charges…
In the recent decision of Central Coast Council v 40 Gindurra Road Somersby Pty Ltd (N0 2) [2019] NSWLEC 171 (‘Gindurra‘), the Land and Environment Court further considered challenges to the validity of complying development certificates (‘CDCs’) in light of s4.31…