In our previous post on 28 June (Uncertainty about “equivalent zones” under the Affordable Rental Housing SEPP), we advised that two Commissioners of the Court had taken a different approach to that of Commissioner Tuor in relation to the question…
We reported previously on the revised arrangements for Transitional Part 3A Projects. The government has made some further (pragmatic) amendments by the Environmental Planning and Assessment Amendment (Transitional Part 3A Projects) Regulation 2012 (Regulation).
Do s101 notices provide any protection?
7 Aug, 2012
Section 101 of the Environmental Planning & Assessment Act 1979 (EPA Act) states that proceedings to challenge the validity of a development consent cannot be commenced more than 3 months after public notice of the grant of the consent has…
Owners consent and Part 3A Approvals
20 Jul, 2012
Justice Pain of the NSW Land and Environment Court recently considered the requirements for owners consent in respect of applications made under Part 3A of the Environmental Planning and Assessment Act (EPA Act) in the case of Hurstville City Council…
A new planning system for NSW
17 Jul, 2012
On 14 July 2012, the NSW Government released its green paper A New Planning System for New South Wales – Green Paper. The Green Paper is the NSW Government’s initial response to the recommendations of the Independent Panel that undertook a review…
The Land and Environment Court handed down its decision in the case of Parramatta Business Freedom Association Inc v Parramatta City Council [2012] NSWLEC 139 on 20 June 2012. The case involved judicial review proceedings that challenged the Council’s ban…
In two recent cases, Commissioners Morris (Chehade v Bankstown City Council [2012] NSWLEC 1122) and O’Neill (Chami v Bankstown City Council [2012] NSWLEC 1120) decided that the Residential 2(a) zone in Bankstown is not equivalent (within the meaning of cl5(1)(a) State Environmental…
NSW Budget 2012-2013 – An overview
28 Jun, 2012
On 12 June 2012 The Hon. Mike Baird MP Treasurer of New South Wales delivered the New South Wales 2012 – 2013 Budget (the Budget). The Budget promises to get ‘on with the job of building a stronger New South…
Proposed new powers to order demolition
12 Jun, 2012
On 24 May 2012 the Environmental Planning and Assessment Amendment (Demolition Orders) Bill 2012 (the Bill) was introduced into the NSW Legislative Assembly.
The Court has again been required to consider what the word ‘land’ means in a planning instrument. The Land & Environment Court has considered the meaning of words such as land, lot and allotment on a number of occasions. In…
Hoxton Park Residents Action Group – Casenote update
30 May, 2012
In February we wrote about the decision in Hoxton Park Residents Action Group Inc v Liverpool City Council [2011] NSWCA 349: Section 79C consideration of matters not covered by the description of development in a development application. Briefly, the Court…
Two recent cases provide examples of when the Land and Environment Court think it is (and is not) appropriate to impose or maintain conditions requiring the registration on title of public positive covenants or restrictions as to user.