Deferred commencement consents – don’t let them lapse!

14 Aug, 2018

The decision of Preston CJ in Dennes v Port Macquarie-Hastings Council [2018] NSWLEC 95 (‘Dennes‘) confirms that, once the period for satisfaction of a deferred commencement condition has expired without the condition being satisfied, the consent cannot be revived  on appeal against…

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Changes to the Roads Act by the new Crown Lands Legislation

19 Jul, 2018

When the Crown Land Management Act 2016 (CLM Act) commenced in full on 1 July 2018, provisions relating to Crown roads and public roads in the Roads Act 1993 (Roads Act) were amended. Significantly, the Roads Act now distinguishes between ‘council public roads‘,…

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New Housing Codes Commence

12 Jul, 2018

On 6 July 2018 the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) was amended to include the Low Rise Medium Density Housing Code (MDH Code) and the Greenfield Housing Code (GH Code). Consequential amendments were also made to the Environmental Planning…

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NSW Government one step closer to regulating Airbnb

3 Jul, 2018

The State Government has taken the first step towards regulating the short-term rental accommodation (STRA) industry and the practice of short-term holiday letting in New South Wales (NSW) by introducing the  Fair Trading Amendment (Short-Term Rental Accommodation) Bill 2018 (Bill).

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Proposal to modernise retail premises land use definitions

1 May, 2018

The NSW Department of Planning and Environment (‘DPE‘) is calling for submissions on its proposed amendments to the Standard Instrument (Local Environmental Plans) Order 2006 (‘Standard Instrument‘).  The amendments proposed the  introduction of new definitions for retail uses of land.

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Hypothetical proceedings no excuse for non-compliance with a notice

18 Apr, 2018

The Land and Environment Court (‘Court‘) recently considered whether the Environment Protection Authority (‘EPA‘) should be required to provide an undertaking that any information provided by a Company’s Director and Managers (‘Applicants‘) in response to a notice to answer questions…

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