Court Not Bound by Council Notification Policy

15 Oct, 2012

In an interesting decision (V’landys v Land and Environment Court of NSW [2012] NSWLEC 218), Biscoe J has held that the Court is not bound to follow the Hunters Hill notification DCP policy where amendments are  made to a DA in…

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Validity of occupation certificates

21 Sep, 2012

The validity of an occupation certificate has been considered by the Land and Environment Court for the first time in Cessnock City Council v Laila Investments Pty Ltd [2012] NSWLEC 206.

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Streamlining of Transitional Part 3A Project Assessments

30 Aug, 2012

We reported previously on the revised arrangements for Transitional Part 3A Projects. The government has made some further (pragmatic) amendments by the Environmental Planning and Assessment Amendment (Transitional Part 3A Projects) Regulation 2012 (Regulation).

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Do s101 notices provide any protection?

7 Aug, 2012

Section 101 of the Environmental Planning & Assessment Act 1979 (EPA Act) states that proceedings to challenge the validity of a development consent cannot be commenced more than 3 months after public notice of the grant of the consent has…

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Owners consent and Part 3A Approvals

20 Jul, 2012

Justice Pain of the NSW Land and Environment Court recently considered the requirements for owners consent in respect of applications made under Part 3A  of the Environmental Planning and Assessment Act (EPA Act) in the case of Hurstville City Council…

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A new planning system for NSW

17 Jul, 2012

On 14 July 2012, the NSW Government released its green paper A New Planning System for New South Wales – Green Paper. The Green Paper is the NSW Government’s initial response to the recommendations of the Independent Panel that undertook a review…

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