On 14 July 2017 the General Housing Code currently contained in State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Housing Code) 2008 (Codes SEPP) will be replaced with a new ‘simplified’ Housing Code.
The NSW Court of Appeal, yesterday, held to be invalid the widely adopted practice whereby staged development applications are used to obtain concept approval for single stage developments. The Court also found that in the assessment of the concept approval for…
The Land & Environment Court has handed down a decision which suggests that a complying development certificate (CDC) cannot authorise development which would breach a condition of a development consent. If the decision is to be read in that way, which…
A recent decision of the New South Wales Court of Appeal (‘Court‘) in Cheetham v Goulburn Motorcycle Club Inc [2017] NSWCA 83 has considered for the first time the meaning of the term ‘recreation facility (major)’, a definition generally used in local environmental…
The Draft Environmental Planning and Assessment Amendment (ePlanning) Regulation 2017 is currently under consideration by the Minister for Planning and Environment. The Draft Regulation represents an attempt to streamline the development application process by introducing standard documents and providing a single…
The NSW Government has proposed changes to the State Environmental Planning Policy No 64 – Advertising and Signage (‘SEPP 64‘). Proposed amendments to the SEPP seek to make advertising in transport corridors permissible with consent despite any local environmental plan (‘LEP‘)…
It is well established that there are two ways to modify a development consent under the Environmental Planning and Assessment Act 1979. A consent may be modified by resort to the process in s96 or s96AA of the Act, or in consequence…
In conjunction with recent changes to the Class 1 Development Appeals Practice Note (‘Practice Note‘), the Land and Environment Court has also issued a new Conciliation Conference Policy (‘Policy‘). The Policy is substantially the same as the previous version. Nonetheless,…
The Land and Environment Court (‘Court’) has issued a new Practice Note for the conduct of class 1 residential development appeals. Parties should be familiar with the changes as the Practice Note imposes new obligations on parties with strict consequences for…
The Land and Environment Court has issued a new Practice Note for the conduct of class 1 development appeals. Parties need to familiarise themselves with the altered arrangements as the Practice Note imposes new obligations on parties, some of which are more onerous….
The Land and Environment Court has taken the rare step of sentencing an individual to a 10 month custodial sentence for contempt of the court’s orders. The orders required the use of premises as a boarding house to cease. But…
As previously reported, the exposure draft of the Environmental Planning & Assessment Amendment Bill 2017 (Amendment Bill) is available for public consultation. It was released on 10 January 2017.