DAs – Not safe from amendments to LEPS

11 Aug, 2016

The NSW Court of Appeal has overturned a finding of the Land and Environment Court to the effect that the savings provision in local environmental plans (LEPs) in the form of the Standard Instrument – Principal Local Environmental Plan (Standard Instrument) would…

Read more

Balancing the public interest against private interests

28 Jul, 2016

The Land and Environment Court has recently been required to balance the public interest against private interests in the context of a marina development.  The decision has reinforced the Court’s earlier test that in the context of the State Environmental Planning Policy Sydney…

Read more

Coastal Management Bill 2016 – Introduced into Parliament

10 May, 2016

The Government has taken its next step in implementing its reform package for the management of the NSW coastline by introducing the Coastal Management Bill 2016 (Bill) into Parliament. The Bill, once it commences, will replace the current Coastal Protection Act 1979 (CP Act).

Read more

Challenging CDCs – An update

5 May, 2016

LTL has regularly posted on decisions of the Land and Environment Court involving enforcement proceedings brought by councils seeking to set aside complying development certificates (CDC) issued by private certifiers. In the recent decision of Craig J in Bankstown City Council v Ramahi (No…

Read more

Complying Development and Development Consents

26 Apr, 2016

The Land & Environment Court has considered yet another case regarding the validity of a complying development certificate (CDC), this time involving an alleged failure to consider the terms of an existing development consent when determining whether the relevant development…

Read more

Costs orders in public interest proceedings

22 Apr, 2016

A recent decision of the Land and Environment Court of New South Wales has reinforced the principles governing the exercise of the Court’s discretion not to make a costs order against an unsuccessful applicant where the Court is satisfied the…

Read more

Lapsing of Consents – Works Need Not be for a Core Activity

11 Mar, 2016

The Supreme Court has put beyond doubt that when determining whether particular works can prevent lapsing of a development consent under section 95(4) of the Environmental Planning and Assessment Act 1979 (‘EPA Act‘), there is no place for distinguishing between works…

Read more