Monthly Archives: November 2013

Planning Bill in the Balance

Following its introduction to the Legislative Assembly on 22 October 2013, the Planning Bill 2013 (Bill) faced its first real test on 26 and 27 November  in the Legislative Council and was found wanting.

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Validity of conditions securing public benefits in doubt

The second limb of the Newbury test for the validity of a condition of consent requires that the condition must fairly and reasonably relate to the development under consideration. The Court has been willing to find such a relationship in … Continue reading

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Disclosure of Political Donations under the EPA Act

Director General, Department of Planning and Infrastructure v Aston Coal 2 Pty Ltd [2013] NSWLEC 188 (Aston) is the first case dealing with a failure to disclose reportable political donations under s147 of the Environmental Planning and Assessment Act 1979 … Continue reading

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Building Certification under the Planning Bill 2013

Much of what is contained in Part 4A of the current Environmental Planning and Assessment Act 1979 (EPA Act) has been located in Part 8 of the Planning Bill 2013 (Bill). There are no major changes to the types of … Continue reading

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Appeal and Review Rights Under the Planning Bill 2013

Whilst the Planning Bill 2013 (Bill) continues to provide for a comprehensive range of merit appeal rights in relation to decisions made under it, the Bill attempts to limit the circumstances under which persons can challenge decisions on the basis of … Continue reading

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Court prevents sale of community land in Manly

The case of Save Little Manly Beach Foreshore Incorporated v Manly Council (No 2) [2013] NSWLEC 156, decided by Biscoe J on 9 October 2013, serves as a timely reminder to councils of the importance of precisely following the procedures for classifying … Continue reading

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Planning Bill 2013 – Strategic Compatibility Certificates

The Planning Bill 2013 (Bill) provides a significant opportunity for developers to have development which is consistent with State government strategies approved before local councils develop detailed planning controls to give effect to those strategies.

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Exempt development under Infrastructure SEPP

The recent decision of the Land & Environment Court  in Woodhouse v City of Sydney Council [2013] NSWLEC 182 considers the way in which the exempt development provisions in the State Environmental Planning Policy (Infrastructure) 2007 (ISEPP) operate.

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