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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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Shrub Removal Saves a Consent from Lapsing

26 Feb, 2019

It has long been the case that reasonably minimal preparatory works are sufficient to prevent a development consent from lapsing. A recent case has held that a consent was prevented from lapsing as the result of removal of shrubs, thus…

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Time Limited Consents and Coastal Hazards

29 Jan, 2019

The Department of Planning’s publication, Coastal Planning Guideline: Adapting to Sea Level Rise, states that time limited development consents are an option to allow for the occupation of coastal lands until they are compromised by coastal hazards. Such development consents have often…

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There goes the (amenity of the) neighbourhood….

8 Jan, 2019

Consent authorities regularly impose a condition on development consents to the effect that the development approved must be conducted in a manner so as not to interfere with the amenity of the neighbourhood.  The Court recently provided guidance on the…

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The Meaning of ‘Land’

2 Jan, 2019

Two recent Land and Environment Court decisions have considered what constituted the land on which a heritage item is situated, and what constituted the land on which an extractive industry was being carried out. The cases remind us that the Court will not consider…

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A ‘Road’ is not a ‘Building’

9 Dec, 2018

In the recent case of Hakea Holdings Pty Ltd v Louisiana Properties Pty Ltd [2018] NSWCA 240, the NSW Court of Appeal held that the construction of a road did not constitute the erection of a building, and as a result…

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