The Department of Planning and Environment has revised its guidelines on Community Consultative Committees so that they apply not only to mining projects but to State significant projects generally. The draft Community Consultative Committee Guidelines (Draft Guidelines) are now available on…
In a recent decision, the Court of Appeal dismissed an appeal against Shoalhaven City Council’s claim that a landowner carried out unlawful clearing of land. The decision confirmed that the provisions of the relevant development control plan, argued by the landowner…
LEP Savings Clauses
The Land & Environment Court has clarified further how to apply savings clauses in local environmental plans (LEPs) to development applications (DAs) made but not determined before the LEP is made or amended.
Statutory time limitation for a prosecution leads to dismissal of charges after defendant pleads guilty
The recent decision of the Land and Environment Court (Court) in Willoughby City Council v Screnci [2015] NSWLEC 192 (Screnci) provides a salient reminder of the importance of statutory limitation periods imposed for the commencement of criminal prosecutions. Such limitations…
Challenging CDCs – Hornsby Shire Council v Trives
A recent decision of Biscoe J in Hornsby Shire Council v Trives (No 3) [2015] NSWLEC 190 has confirmed the grounds on which a complying development certificate (CDC) may be set aside as invalid. The decision provides important guidance on…
Councils’ new and powerful investigation tool – notices requesting information and records
The new s119J of the Environmental Planning and Assessment Act 1979 (EPA Act) gives council investigation officers powerful tools to obtain information and or records in respect of matters they are investigating. In this blog we look at this investigative…
An LEP is not an ‘action’ for the purposes of the Environmental Protection and Biodiversity Conservation Act 1999
The Full Court of the Federal Court has confirmed that in circumstances where land may be subject to the Environmental Protection and Biodiversity Conservation Act 1999 (‘EPBC Act‘), the Federal Minister for Environment (‘Federal Minister’) has no power to prohibit the…
View Sharing and Rights to Views
The Courts have acknowledged that views from a person’s home can have considerable value. However, that does not mean that a person has the power to protect and maintain their view as a legal, proprietary right.
Shortly after the Minister for Planning spoke at the NSW Coastal Conference this morning, the Government released its much-anticipated reform package for the management of the NSW coastline (Reform Package). The public consultation period in respect of the Reform Package runs until 29…
Outline of the Future Greater Sydney Commission
The recent introduction of the much anticipated Greater Sydney Commission Bill 2015 [NSW] (Bill) provides clarity as to the exact role the future Greater Sydney Commission (GSC) will play in the NSW planning system and establishes a new structure for strategic planning…
The Land and Environment Court has recently stated in Community Action for Windsor Bridge Inc v NSW Roads and Maritime Services & anor [2015] NSWLEC 167 that State significant infrastructure may be described and approved with considerable generality and flexibility.
The public exhibition and submission period for the NSW Government’s proposed changes to the Standard Instrument – Principal Local Environmental Plan (Standard Instrument LEP) commenced on 20 October 2015.