The Land and Environment Court has recently determined a number of merit appeals against the issue of interim heritage orders (IHOs) by local councils. These decisions serve as a useful reminder of the circumstances that must exist for a council…
Many council’s local environmental plans (LEPs) include the model local clause 1.8A , which provides: 1.8A Savings provision relating to development applications [local] If a development application has been made before the commencement of this Plan in relation to land…
The Office of Local Government (OLG) is currently seeking the input of councils into the development of guidelines under s 23A of the Local Government Act 1993 to promote transparency around the lobbying of councillors. The OLG has also requested the…
The meaning and effect of savings provisions in environmental planning instruments is often contentious. In many cases, the question of whether a particular application is “saved” has significant and meaningful consequences. A recent decision of the Land and Environment Court…
On 29 July 2022, the Department of Planning and Environment (‘DPE‘) released the draft NSW Coastal Design Guidelines (‘Draft Guidelines‘) for public consultation. The Draft Guidelines are intended to replace the current NSW Coastal Design Guidelines 2003, and have been…
In recent years concerns have been raised by residents and environmentalists about ‘zombie’ housing estates in bushland areas along the NSW South Coast, including in the coastal towns of Manyana, Broulee and Tuross Head. The issue was back in the…
Last week, the Land and Environment Court considered a challenge to the validity of a development control order in criminal proceedings. The decision serves as an important reminder for regulatory authorities when drafting development control orders (DCOs). In order to…
The Greater Sydney Parklands Trust Act 2022 (Parklands Act) commenced on 1 July 2022. On the same date, the Minister for Cities gazetted the Greater Sydney Parklands Shadow Modelling Study 2022 (Shadow Modelling Study). The Parklands Act, in combination with…
A recent decision of the Land and Environment Court is a useful reminder as to how the definition of ‘gross floor area’ (GFA) in the Standard Instrument LEP operates, and what should properly be excluded when calculating GFA particularly when…
Other than to correct a minor error, misdescription or miscalculation, a development consent can only be modified under sections 4.55 and 4.56 of the Environmental Planning and Assessment Act 1979 (EPA Act) if the consent authority or the Court is satisfied…
In any case involve existing use rights, one of the most critical issues is the extent of the land being used for the existing use. The determination of this issue is often a difficult exercise, requiring a detailed analysis of…
The ability for Councils to charge fees for an application for a Building Information Certificate (BIC) has been removed by the Environmental Planning and Assessment Regulation 2021 (EPA Reg 2021). An application for a BIC is made to the council…