We recently blogged about the need for conditions of consent to be final and certain here. However, in another recent judgment, the Land & Environment Court has discussed how to provide flexibility in a condition of consent when the information…
This update will consider two recent decisions of the Land and Environment Court in which Commissioners, when determining appeals in Class 1 of the Court’s jurisdiction, declined to grant development consent on jurisdictional grounds.
Ku-ring-gai Council was recently required to defend a decision to amend its local environmental plan (LEP) to remove properties as heritage items from the LEP on the basis that it denied the owners of a house which remained listed procedural…
The Land and Environment Court’s decision in Secretary, Department of Planning and Environment v Leda Manorstead Pty Ltd (No 4) [2019] NSWLEC 58 is a useful reminder of the key principles that apply where multiple development consents operate on the…
The Governor has issued further orders that change administrative arrangements and Ministerial responsibilities in NSW. These orders are the Administrative Arrangements (Administration of Acts—General) Order (No 2) 2019 (‘General Order‘), Administrative Arrangements (Administrative Changes—Ministers) Order (No 2) 2019 (‘Ministers Order‘),…
The Minister for Planning has given a new direction to local councils which impacts on the negotiation of planning agreements (‘VPA‘) which include the provision of affordable housing (‘VPAs for Affordable Housing’). Under s7.32 of the Environmental Planning and Assessment…
The State Environmental Planning Policy (Aboriginal Land) 2019 (‘SEPP‘) came into force on 6 February 2019. The SEPP provides for the making of ‘development delivery plans‘ (‘DDPs‘) for land owned by Local Aboriginal Land Councils (‘LALCs’) which must be considered when…
Following the return of the Coalition government on 23 March 2019, the Governor has issued Administrative Arrangements (Administrative Changes – Public Service Agencies) Order 2019, Administrative Arrangements (Administration of Acts—General) Order 2019 and Administrative Arrangements (Administrative Changes—Ministers) Order 2019 (together…
It has long been the case that reasonably minimal preparatory works are sufficient to prevent a development consent from lapsing. A recent case has held that a consent was prevented from lapsing as the result of removal of shrubs, thus…
The Department of Planning’s publication, Coastal Planning Guideline: Adapting to Sea Level Rise, states that time limited development consents are an option to allow for the occupation of coastal lands until they are compromised by coastal hazards. Such development consents have often…
Consent authorities regularly impose a condition on development consents to the effect that the development approved must be conducted in a manner so as not to interfere with the amenity of the neighbourhood. The Court recently provided guidance on the…
Two recent Land and Environment Court decisions have considered what constituted the land on which a heritage item is situated, and what constituted the land on which an extractive industry was being carried out. The cases remind us that the Court will not consider…