Recent years have seen several developments in the law regarding the validity of instruments such as development consents, complying development certificates and construction certificates. We have blogged on many of these cases (see here and here for instance). The Court…
In September 2023, the NSW government announced in the 2023/2024 budget that it would commit an initial investment of $350 million over 4 years into the Regional Development Trust Fund. This is the first step in the Regional Development Roadmap…
Section 5.21 of the Standard Instrument LEP requires the consent authority to be satisfied as to certain specific matters relating to flood function, behaviour, safety, evacuation and impacts on the environment. In a recent case, the Land and Environment Court…
A significant issue regarding the construction of precinct-planned roads in new development areas is the construction of half-width roads. Provision of new local roads In NSW, where a local council has identified particular local roads to service its wider area,…
The NSW Government recently identified 8 ‘Transport Oriented Development accelerated precincts’, being priority high growth areas for accelerated rezoning. Draft rezoning proposals are presently being publicly exhibited for 7 of the 8 precincts with rezoning expected to be finalised by…
The State Environmental Planning Policy (Housing) Amendment (Dual Occupancies and Semi-detached Dwellings) 2024 (Amendment SEPP), which seeks to encourage development for the purposes of dual occupancies and semi-detached dwellings in Zone R2 R2 Low Density Residential, has been published. The…
An objector argued that a consent granted by the Lake Macquarie City Council was invalid because the proposed change of use of an existing ‘secondary dwelling’ to a dwelling house to create a ‘dual occupancy’ involved no ‘development’. The Land…
Planning for Bushfire Protection 2019 (PBP) is often considered by consent authorities when dealing with development applications proposed on bush fire prone land, either by reason of section 4.14 of the Environmental Planning and Assessment Act 1979 (EPA Act) or when…
When making decisions in its ‘merit appeal’ jurisdiction (such as Class 1 and 2 Appeals), the Land and Environment Court (LEC) is vested with all the functions and discretions which the person or body whose decision is the subject of…
Both consent authorities and applicants frequently seek to address adverse impacts arising from a proposed development by way of deferred commencement conditions under s4.16(3) of the Environmental Planning and Assessment Act 1979 (EPA Act). While this may be a practical…
On 16 May 2024, the Environmental Planning and Assessment Amendment (Vibrancy Reforms) Bill 2024 (Bill) was passed by NSW Parliament. The Bill is now awaiting assent and will commence on a date to be proclaimed. The Bill will insert a…
Further to previous posts regarding the TOD Provisions inserted into the Housing SEPP and issues with the mapping, the mapping now appears differently to how it did when first released. Instead of the maps showing a ‘transport oriented development area’…