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…
State Government Expands Complying Development
6 Apr, 2018
During 2017 the State Government proposed 2 new codes to expand the range of development which could be carried out as complying development under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) . The amendments to the…
We previously blogged on the amendments to the Environmental Planning and Assessment Act 1979 (Act), and some confusion surrounding the postponement of revised building and subdivision certification provisions. The NSW Government has now amended the Environmental Planning and Assessment (Savings, Transitional…
Following our blog on 9 March 2018, the Minister for Primary Industries has made a new Land Management (Native Vegetation) Code 2018 (‘Code‘) that commenced on 10 March 2018. The Code is identical in substance to the Land Management (Native Vegetation) Code…
On 23 February 2018, the Biodiversity Conservation (Savings and Transitional) Amendment Regulation 2018 (Amending Regulation) was released. The Amending Regulation extends the application of the pre 25 August 2017 provisions (‘former provisions’) of the Environmental Planning & Assessment Act 1979 (‘EPA Act‘) relating…
Previously sections s149A – s149F of the Environmental Planning & Assessment Act 1979 (Act) governed the issue of building certificates by Councils, and appeals with respect to building certificates. Now that the Act has been amended (see our earlier blog), sections relating…
ALERT – Amendments to EPA Act have commenced
1 Mar, 2018
The amendments proposed to the Environmental Planning & Assessment Act 1979 (EPA Act) by the Environmental Planning & Assessment Amendment Act 2017 commenced today, with the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 (Transitional Regulation) providing that…
In two related decisions, the Land and Environment Court has provided guidance in relation to the process for joinder of parties to an application to the Court to give effect to Strata Renewal Plans (SRP Application) under the Strata Schemes Development…
As discussed in previous blogs, the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) is about to undergo substantial amendment. The Department of Planning and Environment (‘DPE‘) has recently announced the timetable for the commencement of those amendments, and confirmed that some…
Draft Remediation of Land SEPP
6 Feb, 2018
The Department of Planning and Environment (‘DPE‘) has announced a Draft Remediation of Land SEPP (‘Draft SEPP‘) which will repeal and replace the current State Environmental Planning Policy No 55—Remediation of Land (‘SEPP 55‘). The Explanation of Intended Effect of the…
The Land and Environment Court has recently considered whether land was being used for the purpose of a boarding house as opposed to a dwelling house. The issues considered in the case did not raise new principles of law but…
An important consideration in the assessment of many development applications is whether the relevant floor space ratio (FSR) controls have been complied with.