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Expanded Scope for Class 1 Appeals?

30 Jul, 2019

A Court of Appeal decision has left open the possibility that the amendments to the Environmental Planning & Assessment Act 1979 (EPA Act) made in 2018 have expanded the scope of matters which can be the subject of a merit…

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Update: Meaning of “Land” in s57 of the Heritage Act

27 Jun, 2019

The Court of Appeal has clarified what the word ‘land‘ means in the context of s57(1)(e) of the Heritage Act 1977 (Act) which requires approval to be obtained before development is carried out ‘in relation to the land’ on which a State heritage…

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Conditions to overcome insufficient information

23 Jun, 2019

We recently blogged about the need for conditions of consent to be final and certain here. However, in another recent judgment, the Land & Environment Court has discussed how to provide flexibility in a condition of consent when the information…

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Jurisdictional Prerequisites to Grant of Consent

30 May, 2019

This update will consider two recent decisions of the Land and Environment Court in which Commissioners, when determining appeals in Class 1 of the Court’s jurisdiction, declined to grant development consent on jurisdictional grounds.

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New Ministerial Direction Applying to Affordable Housing VPAs

17 Apr, 2019

The Minister for Planning has given a new direction to local councils which impacts on the negotiation of planning agreements (‘VPA‘) which include the provision of affordable housing (‘VPAs for Affordable Housing’). Under s7.32 of the Environmental Planning and Assessment…

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The Aboriginal Land SEPP

9 Apr, 2019

The State Environmental Planning Policy (Aboriginal Land) 2019 (‘SEPP‘) came into force on 6 February 2019. The SEPP provides for the making of ‘development delivery plans‘ (‘DDPs‘) for land owned by Local Aboriginal Land Councils (‘LALCs’) which must be considered when…

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