Monthly Archives: February 2011

New Planning Appeal Provisions To Commence

On 28 February 2011, a number of significant changes will be made to planning appeal and review processes. The changes include the following: Greater range of internal reviews available – an applicant’s right of internal review will be expanded to … Continue reading

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Planning Agreements Given Further Legal Force

On and from 25 February 2011, planning agreements will be given further legal force through amendments to be made to the Environmental Planning and Assessment Act 1979 (EPA Act) and the Environmental Planning and Assessment Regulation 2000 (EPA Reg). The … Continue reading

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Modification of Development Consents and Planning Agreements

It is now well established that a condition requiring a contribution under s94 of the Environmental Planning and Assessment Act 1979 cannot not be imposed on a modification application under section 96 of that Act (see Peter Duffield and Associates … Continue reading

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Range Of Exempt And Complying Development To Be Expanded

A raft of changes will be made to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) on 25 February 2011. The proposed changes will increase the area to which the Codes SEPP applies and expand … Continue reading

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New Scheme For Levying Charges For Environmental Upgrades

Councils will soon have the option of participating in a scheme to encourage upgrades of existing commercial and large strata residential buildings which will improve the energy, water and environmental efficiency or sustainability of the buildings. The scheme will be … Continue reading

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The Wide Scope Of Investigatory Notice Powers Under POEO Act

Section 193 of the Protection of the Environment Operations Act 1999 (POEO Act) enables an authorised officer to require a person to furnish to the officer with  information or records (or both)  in connection with any matter within ‘the responsibilities … Continue reading

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Scope Of Councils’ Rating Powers

Councils’ powers in respect of determining categories for rating purposes, and leyving differential rates across categories, have been described by the Court of Appeal as ‘essentially unconfined’. The Court of Appeal held last year that the rating scheme in the Local … Continue reading

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Councils’ Powers To Fell Trees Overhanging Roads

The Land and Environment Court has confirmed that councils have power to remove or lop trees and other vegetation that are on or overhanging a public road if, in the council’s opinion it is necessary for the purpose of carrying out … Continue reading

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Councils To Be Exempt From Liability For Bush Fire Risk

Councils have long had exemption from liability in relation to advice given or actions done in good faith in relation to flood liable land and coastal zones. From 25 February 2011, this exemption will extend to advice given and actions … Continue reading

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Residential Development Conciliation And Arbitration Commences ….

The new conciliation-arbitration process for residential development appeals commences on 7 February 2010. It replaces the former Minister Sartor’s scheme for planning arbitrators. Residential development appeals are class 1 appeals involving development and modification applications for detached single dwellings and … Continue reading

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