In the recent case of Valuer General of New South Wales v Esperia Court Pty Ltd [2026] NSWCA 30, the NSW Court of Appeal unanimously rejected an argument by the Valuer-General of NSW (‘VG‘) that applying the ‘direct comparison’ method…
In a recent decision, the NSW Supreme Court considered the nature and extent of the common law and statutory entitlement of a landowner to access a public road adjoining their land. The case concerned an alleged obstruction preventing the landowner…
The recently finalised Housing and Productivity Contribution Works-in-Kind Guideline dated February 2026 published by NSW Department of Planning, Housing and Infrastructure (‘Guideline‘) sets out arrangements for how developer delivery of State and regional infrastructure is evaluated, prioritised and managed.
The full text of the state government’s proposed Environmental Planning and Assessment Amendment (Planning System Reforms) Bill 2025 has now been released. In our “Alert” blog about the announcement of the Bill, we noted that the government had announced what appeared…
This morning, the New South Wales government announced a potentially sweeping set of changes to the existing planning system. The ministerial press release came ahead of the first print and indicated that the proposed NSW Planning System Reforms Bill 2025…
The NSW Government has announced its intention to establish a new body, the Investment Delivery Authority (IDA) in an attempt to accelerate the assessment and approval of major projects. It appears that the IDA will be modelled on the recently…
The NSW Government has today released the proposed ‘Housing and Productivity Contribution Scheme Works-in-Kind Guideline‘ (Draft Guideline) and is inviting public submissions on it until 17 July 2025. The Housing and Productivity Contributions Scheme (HPC Scheme) is established under Subdivisions…
In a recent case, the Court of Appeal has once again considered an issue which arises in a range of different statutory contexts – what constitutes “land” or an “interest in land”? In this case, the issue for the Court’s…
Every easement is a form of interference with the ordinary use of the servient land. However, a right cannot be an easement if it is so extensive that the landowner of the servient tenement is effectively ‘ousted’ from the land…
‘No good can come from a circumstance in which a local government body takes action to foster the development of its area without also being willing and able to fund the action it has contractually promised to undertake’ is the opening…
Easements are interests in land that allow a person – usually the owner of specified land or a public authority – to use land which they do not own for a specific purpose such as access, drainage or water supply….
In the recent NSW Supreme Court decision of Maloney v Putu Pty Ltd [2023] NSWSC 1148, the Court granted an easement by prescription over the defendant’s land to formalise the plaintiff’s right to use an access road which the plaintiff,…