Axiomatically, planning law is not troubled by the identity of the applicant, much less any background or history the applicant might have. However, the recent decision of the Land & Environment Court in the Balmain Leagues Club case indicates that…
The ultimate decision on whether a strata renewal proposal is approved is up to the Land & Environment Court. Before the matter goes to the Court, the strata owners themselves must consider whether they wish to apply to the Court…
In a period of a week, the NSW Civil and Administrative Tribunal (NCAT) has handed down two judgements addressing whether a person should have access to copies of plans received by a Council as part of a development application. The…
The Department of Fair Trading has announced that the new strata laws, the Strata Schemes Development Act 2015 (Act) and the Strata Schemes Management Act 2015, will commence on 30 November 2016. While the new building defect bond scheme will not start…
The NSW Government has released for public consultation a draft ‘New Wind Energy Planning Framework’ (Draft Framework) for large-scale wind energy facilities, which aims to increase investment in wind energy in the state, whilst balancing the needs of the community.
Increases in the prescribed amount for penalty notices (PIN) for environment and planning offences have seen an increase in the use of PINs, and an increase in the instances where recipients elect to have these matters dealt with by a…
The NSW Court of Appeal has overturned a finding of the Land and Environment Court to the effect that the savings provision in local environmental plans (LEPs) in the form of the Standard Instrument – Principal Local Environmental Plan (Standard Instrument) would…
The Land and Environment Court has recently been required to balance the public interest against private interests in the context of a marina development. The decision has reinforced the Court’s earlier test that in the context of the State Environmental Planning Policy Sydney…
The Department of Planning and Environment has published a draft Housing Code to replace the General Housing Code in Part 3 of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (‘Codes SEPP‘). While the draft Housing Code looks significantly…
It is not uncommon for disputes to arise regarding the effect of a subdivision or amalgamation of land, on interests in the land or easements affecting the land.
My earlier post in July 2015 (see below) about the Land and Environment Court’s decision in Four2Five has been one of our most read posts. It is timely to provide an update on what has happened since.
The Government has taken its next step in implementing its reform package for the management of the NSW coastline by introducing the Coastal Management Bill 2016 (Bill) into Parliament. The Bill, once it commences, will replace the current Coastal Protection Act 1979 (CP Act).