In the recent NSW Supreme Court decision of Maloney v Putu Pty Ltd [2023] NSWSC 1148, the Court granted an easement by prescription over the defendant’s land to formalise the plaintiff’s right to use an access road which the plaintiff,…
Guidelines on the Withdrawal of Development Applications: meaningful response to the affordability crisis?
17 Oct, 2023
New South Wales, and indeed Australia more broadly, is in the midst of a housing affordability crisis. Successive state governments have pursued a range of changes and reforms to boost housing supply and affordability in NSW and, in that context,…
New approach to calculating fees for development as ‘estimated development costs’ – commencing 4 March 2024
28 Sep, 2023
The NSW government recently introduced a new approach to development costs in response to the Independent Commission Against Corruption’s Operation Dasha report, which recommended changes to improve transparency and reduce the risk of corruption. The Environmental Planning and Assessment Amendment…
Reminder: The modification of a development consent is not the ‘grant of a development consent’
19 Sep, 2023
The power of a consent authority to modify a development consent is set out at sections 4.55 (for modification of consents generally) and 4.56 (for modification of consents granted by the Court) of the Environmental Planning and Assessment Act 1979…
ALERT: Reforms to Clause 4.6 Exceptions to Development Standards – commencing 1 November 2023
18 Sep, 2023
On 15 September 2023, the NSW Government published a package of amendments that will change the operation of clause 4.6 across all local environmental plans. The changes will commence on 1 November 2023 and follow consultation in 2021 by the…
On 25 August 2023, the NSW Department of Planning and Environment released the draft Environmental Planning and Assessment (Housing and Productivity Contribution) Order 2023 (Ministerial order) to give effect to the introduction of the Housing and Productivity Contribution (HPC). The…
In a recent Supreme Court decision, the Court exercised its discretion to impose an easement over the defendant’s land to provide access to landlocked land, after the defendant constructed a gate to prevent informal access. The plaintiffs had used the informal…
The recent decision of the NSW Court of Appeal in McMillan v Taylor [2023] NSWCA 183, builds upon two matters which have become somewhat familiar judicial themes over recent years: the proper role of Commissioners of the Land and Environment…
TfNSW liable for nuisance in constructing the Sydney Light Rail – the importance of project planning
6 Aug, 2023
As part of wider class action proceedings, the Supreme Court of NSW (Court) has found Transport for NSW (TfNSW) liable for financial damage suffered by two businesses during the construction of the Sydney Light Rail under the legal principles of…
Two development applications were recently refused by the Land and Environment Court due to unacceptable impacts on biodiversity values and deficiencies in a proponent’s biodiversity development assessment report (BDAR). The poor appreciation of proponents’ obligations under the Biodiversity Conservation Act 2016…
Establishing whether a development consent has lapsed often involves a question about whether the works undertaken on the site have been “physically commenced”. However, it has long been established that works purportedly undertaken that are unlawful because they are in…
ALERT: Bill for Housing & Productivity Development Contributions Scheme Passed by Parliament
30 Jun, 2023
The Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023 which was introduced into the NSW Legislative Assembly on 23 May 2023 was passed by Parliament on 28 June 2023. It is currently awaiting assent and will commence on…