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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…

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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…

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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…

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LEP Savings Clauses

15 Feb, 2016

The Land & Environment Court has clarified further how to apply savings clauses in local environmental plans (LEPs) to development applications (DAs) made but not determined before the LEP is made or amended.

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Challenging CDCs – Hornsby Shire Council v Trives

15 Dec, 2015

A recent decision of Biscoe J in Hornsby Shire Council v Trives (No 3) [2015] NSWLEC 190 has confirmed the grounds on which a complying development certificate (CDC) may be set aside as invalid. The decision provides important guidance on…

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View Sharing and Rights to Views

19 Nov, 2015

The Courts have acknowledged that views from a person’s home can have considerable value. However, that does not mean that a person has the power to protect and maintain their view as a legal, proprietary right.

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