Shrub Removal Saves a Consent from Lapsing

26 Feb, 2019

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…

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Time Limited Consents and Coastal Hazards

29 Jan, 2019

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…

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There goes the (amenity of the) neighbourhood….

8 Jan, 2019

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…

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The Meaning of ‘Land’

2 Jan, 2019

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…

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A ‘Road’ is not a ‘Building’

9 Dec, 2018

In the recent case of Hakea Holdings Pty Ltd v Louisiana Properties Pty Ltd [2018] NSWCA 240, the NSW Court of Appeal held that the construction of a road did not constitute the erection of a building, and as a result…

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Coastal Reforms Transitional Provisions – Coastal Management SEPP

15 Nov, 2018

The coastal reforms comprising the State Environmental Planning Policy (Coastal Management) 2018 (CM SEPP) and the Coastal Management Act 2016 (Act) commenced on 3 April 2018. These reforms repealed the Coastal Protection Act 1979 (Former Act). However, the Act and CM SEPP do not automatically…

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Conciliation agreements – Commissioners must give reasons

31 Oct, 2018

A development consent granted by a Land and Environment Court Commissioner following a s34 conciliation conference has been set aside by the Court of Appeal because the Commissioner failed to give reasons evidencing her satisfaction as to the legal prerequisites…

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Western Sydney Airport – development in protected airspace

17 Oct, 2018

The protected airspace for Western Sydney Airport was declared under the Airports Act 1996 (Cth) and the Airports (Protection of Airspace) Amendment Regulation 1996 (Cth) on 19 October 2017. Development that infringes on protected airspace may require approval from the Australian…

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