Over the past month, there has been significant discussion on potential reforms that may best respond to the continuing issue of the lack of affordable housing in NSW, and the further projected demand for housing across the next 5 to…
Last week the Land and Environment Court determined that a Local Planning Panel’s (LPP) decision to refuse development consent was valid, despite one member of the LPP being invalidly appointed. This is the first judgment considering the implication of an…
The NSW Land and Environment Court (Court) has handed down a decision under s 4.31 of the Environmental Planning and Assessment Act 1979 (EPA Act). Section 4.31 was first introduced on 1 March 2018 and allows the Court to declare a…
The question of whether a particular clause is or is not a development standard has been a matter of considerable debate over many years. As discussed in our earlier blog here (Subdivisions and Development Standards), where a clause in an…
In a recent decision the Land & Environment Court considered a range of challenges to various decisions arising from a planning proposal to rezone land by amending the Bega Valley Local Environmental Plan 2013 (Amending LEP). The proceedings were brought…
The Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023 was introduced into the NSW Legislative Assembly on 23 May 2023. The Bill is now awaiting debate following the Minister’s second reading speech. The Bill is for an…
Short-term rental accommodations (STRA), such as those offered through Airbnb and other similar online platforms have become increasingly popular in tourist destinations across Australia, particularly in desirable coastal regional locations. However, the rapid growth of the STRA industry is thought…
It is usually thought that if a planning instrument such as an LEP contains a clause to the effect that “consent must not be granted unless…”, an application must either comply with the specified condition, or be granted a dispensation,…
On 26 April 2023, five new employment zones and four new supporting zones took effect in local environmental plans (LEPs) across NSW, replacing the former Business (B) and Industrial (IN) zones. The amendments to the zones in LEPs across NSW…
Following the changeover of Government after the 25 March 2023 election to the Labor Minns government, the Governor has issued several administrative orders: Administrative Arrangements (58th Parliament) Order 2023 (58th AA), Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 2) 2023, Administrative Arrangements…
The Conveyancing Act 1919 (CA Act) and many contracts for the sale of land provide for circumstances where a party can rescind or terminate the contract prior to completion. One of those reasons is outlined in section 66L of the CA…
According to the NSW Electric Vehicle Strategy (2021), electric vehicle sales are projected to increase to 52% of total vehicle sales by 2030-31, making it crucial to establish more electric vehicle charging locations across the state. To address the likely…