New Primary Production and Rural Development SEPP

28 Nov, 2017

The Department of Planning and Environment (DPE) is currently seeking submissions on proposed changes to the existing planning controls governing primary production and rural development. The proposed changes are set out in the Primary Production and Rural Development – Explanation of…

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The Primacy of a Construction Certificate

16 Nov, 2017

The  NSW Court of Appeal has reversed a decision of the Land and Environment Court which limited the extent to which a construction certificate could override the terms of a development consent. In Bunderra Holdings Pty Ltd v Pasminco Cockle Creek…

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Applicant misses the bus on clause 4.6 request

10 Oct, 2017

Written requests under clause 4.6 are many and varied and while the Land and Environment Court has provided clear guidance as to what is required to found an exception, applicants continue to test the boundaries of what a clause 4.6…

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Intensification of Use, Owners Consent and Staged DAs

3 Oct, 2017

Development proposals often involve the intensification of the use of an existing easement. A recent decision of the Land and Environment Court is a reminder that development consent will be required for the intensification of the use of an easement. However, it…

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Fire Safety Reforms effective from 1 October 2017

28 Sep, 2017

The Environmental Planning and Assessment Amendment (Fire Safety and Building Certification) Regulation 2017 (‘Amending Regulation’) will come into force on 1 October 2017 and amend the Environmental Planning and Assessment Regulation 2000 (‘EPA Regulation’).

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Build it up – developing in airspace

18 Sep, 2017

Increasing density in urban areas is resulting in greater pressure for increased building heights. Inevitably, this will lead to greater pressure to capitalise upon the value of air space. A recent decision of the Land and Environment Court (‘Court‘) has considered…

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