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.
Councils regularly impose conditions on development consents requiring the owner of land to place a restriction to user on the title of land, the effect of which is to limit an aspect of future development on that land. Council is…
New Planning Laws for NSW – An initial overview
12 Jan, 2017
Earlier this week the NSW Government released an exposure draft of the Environmental Planning & Assessment Amendment Bill 2017 (Amendment Bill) which proposes to make a range of amendments to the Environmental Planning and Assessment Act 1979 (EPA Act).
The Land and Environment Court has once again emphasised the importance of compliance with statutory requirements for public notices by invalidating a contract for sale as a result of a failure by a Minister to publish a proper statutory notification prior…
Those involved in class 1 conciliation conferences in the Land and Environment Court (Court) should be aware of recent comments made by Commissioners, namely, that parties should not expect multiple adjournments of section 34 conciliation conferences.
What Comprises a Development Consent?
23 Nov, 2016
The recent decision of Pasminco Cockle Creek Smelter Pty Limited (subject to Deed of Company Arrangement) v Lake Macquarie City Council [2016] NSWLEC 143 clarifies the extent to which the terms of a construction certificate can modify a development consent and…
Sydney Planning Panels – Active as of Next Week
17 Nov, 2016
Six new Sydney Planning Panels (Planning Panels) will commence operation on 21 November 2016. This will coincide with the expected public exhibition of the draft District Plans by the Greater Sydney Commission (GSC). These developments are key steps in the…
Draft Coastal Management SEPP Released
11 Nov, 2016
On Friday 11 November 2016, the Minister for Planning and the Environment, Rob Stokes released the draft State Environmental Planning Policy (Coastal Management) 2016 (CM SEPP) coinciding with his address to the 25th NSW Coastal Conference.
New Review Processes for Planning Proposals
10 Nov, 2016
There is no statutory right of appeal or review for a proponent who requests that a council make a local environmental plan in respect of the proponent’s land. However administrative procedures provide for a ‘pre-gateway review‘ by a planning panel if the council…
In a recent decision of the Land and Environment Court, Registrar Gray found that the Court did not have the power to grant leave to amend a modification application because the extent of the changes being made to the modification application…
In one of the few cases considering the scheme for concept proposals in the context of staged development applications, the Land and Environment Court (‘LEC‘) has determined whether construction impacts are mandatory relevant considerations when assessing a purely conceptual proposal for…
Community Confidence in Major Project Assessment
17 Oct, 2016
The Department of Planning & Environment has today released a discussion paper for the Environmental Impact Assessment Improvement Project (Discussion Paper), which proposes new guidelines for the assessment of major projects with a view to improving public confidence in the…