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…
TfNSW liable for nuisance in constructing the Sydney Light Rail – the importance of project planning
6 Aug, 2023
As part of wider class action proceedings, the Supreme Court of NSW (Court) has found Transport for NSW (TfNSW) liable for financial damage suffered by two businesses during the construction of the Sydney Light Rail under the legal principles of…
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…
ALERT: Bill for Housing & Productivity Development Contributions Scheme Passed by Parliament
30 Jun, 2023
The Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023 which was introduced into the NSW Legislative Assembly on 23 May 2023 was passed by Parliament on 28 June 2023. It is currently awaiting assent and will commence on…
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…
Lack of Supply of Social and Affordable Housing in NSW: Reforms to Planning Laws and Strategies
28 Jun, 2023
Over the past month, there has been significant discussion on potential reforms that may best respond to the continuing issue of the lack of affordable housing in NSW, and the further projected demand for housing across the next 5 to…
The LEC finds a Local Planning Panel determination valid, despite the Panel being incorrectly constituted
15 Jun, 2023
Last week the Land and Environment Court determined that a Local Planning Panel’s (LPP) decision to refuse development consent was valid, despite one member of the LPP being invalidly appointed. This is the first judgment considering the implication of an…
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…
Bill for Housing & Productivity Development Contributions Scheme Introduced into NSW Parliament
24 May, 2023
The Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023 was introduced into the NSW Legislative Assembly on 23 May 2023. The Bill is now awaiting debate following the Minister’s second reading speech. The Bill is for an…