On 24 March 2020, the NSW Parliament passed the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (‘Emergency Measures Act‘). The Act commences on the date of assent. According to the NSW Parliament’s website, assent occurred on 25 March 2020. The…
The NSW Land Registry Services (NSW LRS) has published information on changes to its operations to address disruptions arising from COVID-19. This information is being updated regularly and anyone who proposes to lodge dealings, plans or other instruments should check…
The Minister for Planning and Public Spaces has responded to the COVID-19 pandemic by seeking to address certain planning law impediments to the replenishment of retail stocks in the light of unprecedented demand. State Environmental Planning Policy Amendment (COVID-19 Response)…
The Land and Environment Court has recently considered whether land regulated by a Community Management Scheme (“CMS”) can be the subject of a building information certificate (“BIC”) to regularise unlawful development that contravenes the by-laws of the CMS. Facts In…
The flaws in the private certification regime have surfaced again. The Land and Environment Court has held in Omaya Investments Pty Limited v Dean Street Holdings Pty Limited (No 5) [2020] NSWLEC 9 that the modification of a construction certificate…
Governments are regularly called upon to make decisions, and to enact programs, which require them to weigh numerous (often hundreds, or even thousands) of competing and conflicting interests. In doing so, decision-makers attempt to balance broad concepts of the public…
The Land and Environment Court recently considered the operation of cl5.10(10), a compulsory provision in all LEPs. That clause permits some development that is not otherwise allowed by a LEP, if the development will facilitate the conservation of a heritage…
In response to the impacts of the bush fire crisis, the NSW Government has now made amendments to the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 (‘Caravan Regulations’) in addition to the Local…
In the recent decision of 278 Palmer Street Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 1012, the Land and Environment Court considered a development control plan clause which required engineering certification that development works would…
Is a Proximity Area for Coastal Wetlands also Environmentally Sensitive Land under the Seniors Housing SEPP?
30 Jan, 2020
In the recent case of S J Connelly CPP Pty Ltd and Kate Singleton Pty Ltd t/as Planners North v Northern Regional Planning Panel (No 2) [2019] NSWLEC 199, the Land and Environment Court (‘the Court’) considered whether the land…
A recent decision in the Land and Environment Court (Court) highlights a potential stumbling block for councils when taking enforcement action. The decision reinforces the fact that the Court’s Class 1 jurisdiction, being merits review in nature, is limited as…
The 5 common mistakes made in investigations
10 Jan, 2020
Conducting a successful investigation is a complex and difficult task, and investigators need to have a firm grasp on the best techniques to ensure that they gather strong and admissible evidence for future enforcement action. In this blog we look…