On 26 November 2019, the Department of Planning, Industry and Environment (DPIE) issued a new planning circular that provides guidance on assessing coastal hazards under the State Environment Planning Policy (Coastal Management) 2018 (Coastal Management SEPP) , and notations to…
In the recent decision of Central Coast Council v 40 Gindurra Road Somersby Pty Ltd (N0 2) [2019] NSWLEC 171 (‘Gindurra‘), the Land and Environment Court further considered challenges to the validity of complying development certificates (‘CDCs’) in light of s4.31…
The Environmental Planning and Assessment Amendment (Community Participation Plans) Regulation 2019 (Amendments) came into force on 29 November 2019. The Amendments largely provided clarification on the minimum public exhibition periods required for certain categories of applications as set out in…
In the recent case of Beaini Projects Pty Ltd v Cumberland Council [2019] NSWLEC 1547, the Land and Environment Court used its power under s 7.13(3) of the Environmental Planning and Assessment Act 1979 (‘EPA Act’) to amend a condition…
On Thursday 24 October 2019, the NSW State Government introduced the Environmental Planning and Assessment Amendment (Territorial Limits) Bill 2019 which will amend the Environmental Planning and Assessment Act 1979 (‘EPA Act‘). The bill, if passed, will insert a new…
Proceedings in the Land and Environment Court often involve the use of expert evidence. Two recent decisions cast light on issues in the preparation of expert evidence that may affect the credibility of an expert witness. The comments made by…
A Commissioner of the Land and Environment Court has confirmed that if a local council, as roads authority, is prevented from granting a consent under s138(1) of the Roads Act 1993 (Roads Act) because of a refusal by the RMS…
The deadline for the preparation of community participation plans (CPPs) is fast approaching. NSW planning authorities, including councils and State government agencies with key planning approval functions, are required to have prepared their first CPP before 1 December 2019. Council’s…
The Environmental Planning and Assessment Amendment (Building and Subdivision Certification) Regulation 2019 (Amendment Regulation) will make various amendments to the Environmental Planning and Assessment Regulation 2000 (EPA Regulation) regarding building and subdivision certification. These amendments are set out at Schedule…
Two recent Land and Environment Court cases have considered if Councils can, by condition of development consent, require the imposition of a covenant on land to ensure compliance with the aims of State Environmental Planning Policy (Affordable Rental Housing) 2009…
The New South Wales government recently exhibited the draft Short-Term Rental Accommodation (‘STRA’) regulatory framework. The framework is a response to the growing STRA industry, which is estimated to be worth more than $30bn nationally, and seeks to achieve consistency…
The amended building and subdivision certification provisions contained in Part 6 of the Environmental Planning and Assessment Act 1979 (other than those for Building Information Certificates) were postponed under transitional arrangements. They were supposed to come into force on 1…