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New Planning Appeal Provisions To Commence

25 Feb, 2011

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…

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Planning Agreements Given Further Legal Force

24 Feb, 2011

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…

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New Scheme For Levying Charges For Environmental Upgrades

16 Feb, 2011

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…

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Scope Of Councils’ Rating Powers

16 Feb, 2011

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…

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Councils’ Powers To Fell Trees Overhanging Roads

16 Feb, 2011

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…

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Residential Development Conciliation And Arbitration Commences ….

7 Feb, 2011

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…

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