Councils should note that the State Environmental Planning Policy (Infrastructure) 2007 (Infrastructure SEPP) was amended on 17 February 2012 so that any person can carry out development for the purpose of a new educational establishment with consent in certain prescribed zones.
‘Paper subdivisions’ – A step closer
10 Feb, 2012
The Planning Minister today issued a media release regarding ‘paper subdivisions’. This follows on from the release for comment of draft amendments to the Environmental Planning & Assessment Regulation 2000 (EPA Reg) dealing with ‘paper subdivisions’. ‘Paper subdivisions’ are not…
In Hoxton Park Residents Action Group Inc v Liverpool City Council [2011] NSWCA 349, the NSW Court of Appeal upheld a challenge to the validity of a development consent and made some interesting findings about the consent authority’s obligation to…
On 1 October 2011 Part 3A of the Environmental Planning and Assessment Act 1979 (the Act) was repealed. At that time, the Environmental Planning and Assessment Amendment (Part 3A Repeal) Regulation 2011 (the Part 3A Repeal Reg) also came into…
Conditions proposed by objector requiring carbon offsets in Part 3A coal mine expansion upheld
1 Dec, 2011
In Hunter Environment Lobby Inc v Minister for Planning & Anor [2011] NSWLEC 221, Pain J in the Land & Environment Court determined an appeal on the merits broughtby an environmental lobby group against an approval granted by the Minister under Part 3A of…
A recent decision of the NSW Court of Appeal – Botany Bay City Council v Saab Corp Pty Ltd [2011] NSWCA 308 – held that a condition of development consent requiring a developer to place telecommunications and electricity cables underground (Cabling…
Conflicting objectives and overlapping purposes – A recent case looks at permissibility under Local Environment Plans
15 Nov, 2011
In a recent decision – Abret Pty Ltd vWingecarribee Shire Council [2011] NSWCA 107 – the News South Wales Court of Appeal has considered the role of objectives in local environment plans as well as how to determine the permissibility of developments with multiple and…
A recent decision of the NSW Land and Environment Court – Brown v Randwick City Council [2011] NSWLEC 172 – has found both a development consent granted by the Council, and a public notice of the grant of consent to be…
NSW Planning Review
2 Nov, 2011
As part of the NSW Planning System Review, submissions are being encouraged from members of the public and community groups in four key areas:
More on the repeal of Part 3A…
17 Oct, 2011
On 1 October 2011, the Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011 (Amendment Act), the Environmental Planning and Assessment (Part 3A Repeal) Regulation 2011 (Amendment Reg), and the State Environmental Planning Policy (State and Regional Development) 2011…
Part 3A to be repealed on 1 October 2011
28 Sep, 2011
The commencement proclamation for the Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011 (Amendment Act) has been published today, appointing 1 October 2011 as the day on which Part 3A is to be repealed and the new approvals regimes…
Exempt and complying development
16 Sep, 2011
The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) specifies types of development which are exempt or complying development. The transitional provisions in the Codes SEPP are to the effect that local controls on