Today, the Department of Planning and Environment (DPE) announced that the commencement of Part 6 of the Environmental Planning and Assessment Act 1979 (EPA Act), that deals with building and subdivision certification, will be further postponed until 1 September 2019. This…
The State Government has almost finalised the first step towards regulating the short-term rental accommodation (STRA) industry and the practice of short-term holiday letting in New South Wales by passing the Fair Trading Amendment (Short-Term Rental Accommodation) Bill 2018 (Bill). The…
The decision of Preston CJ in Dennes v Port Macquarie-Hastings Council [2018] NSWLEC 95 (‘Dennes‘) confirms that, once the period for satisfaction of a deferred commencement condition has expired without the condition being satisfied, the consent cannot be revived on appeal against…
For the first time, the Land and Environment Court has considered a recently introduced provision of the Environmental Planning and Assessment Act 1979 (EPA Act) which makes a council subject to the direction and control of a planning panel in the conduct of…
When the Crown Land Management Act 2016 (CLM Act) commenced in full on 1 July 2018, provisions relating to Crown roads and public roads in the Roads Act 1993 (Roads Act) were amended. Significantly, the Roads Act now distinguishes between ‘council public roads‘,…
On 6 July 2018 the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) was amended to include the Low Rise Medium Density Housing Code (MDH Code) and the Greenfield Housing Code (GH Code). Consequential amendments were also made to the Environmental Planning…
The State Government has taken the first step towards regulating the short-term rental accommodation (STRA) industry and the practice of short-term holiday letting in New South Wales (NSW) by introducing the Fair Trading Amendment (Short-Term Rental Accommodation) Bill 2018 (Bill).
The Land and Environment Court recently considered the relevance of previous development consents on a site to the question of whether the floor space ratio (‘FSR’) standard was unreasonable or unnecessary in the circumstances of a fresh application for development…
Last year we discussed what constitutes BASIX affected development and questioned whether boarding house rooms are capable of constituting separate dwellings, therefore making a boarding house a BASIX affected building (see our previous blog). The Land and Environment Court (Court)…
The NSW Department of Planning and Environment (‘DPE‘) is calling for submissions on its proposed amendments to the Standard Instrument (Local Environmental Plans) Order 2006 (‘Standard Instrument‘). The amendments proposed the introduction of new definitions for retail uses of land.
The Standard Instrument – Principle Local Environmental Plan (‘Standard Instrument‘) has been amended to clarify that the minimum lot size development standard does not apply to either the subdivision of land by the registration of strata or community plans, or the subdivision…
The Land and Environment Court (‘Court‘) recently considered whether the Environment Protection Authority (‘EPA‘) should be required to provide an undertaking that any information provided by a Company’s Director and Managers (‘Applicants‘) in response to a notice to answer questions…