Monthly Archives: February 2014

Changed status for the (former) Deparment of Planning and Infrastructure

From 24 February 2014, the former Department of Planning and Infrastructure (DoPI) is known as ‘Planning and Infrastructure’ in accordance with the Government Sector Employment Act 2013 (GSE Act).

Posted in local government | administrative law, planning | development | Comments Off on Changed status for the (former) Deparment of Planning and Infrastructure

‘Getting the balance right’ for CSG reforms

In October 2013, the NSW Government introduced measures to protect certain residential land and buffer zones around that land from new coal seam gas development. In January 2014, these exclusion zones were extended to cover land in villages which meets … Continue reading

Posted in environment | natural resources | climate change | Comments Off on ‘Getting the balance right’ for CSG reforms

Companion Animals Taskforce response

The State Government has released its final response to the Companion Animals Taskforce, a body set up by the government in 2011 to review the Companion Animals Act 1998 (Act) as well as policy on dog and cat welfare generally.

Posted in local government | administrative law | Comments Off on Companion Animals Taskforce response

Two challenges to the reasonableness of a s94 condition dismissed

In a recent s94 case, Pepper J addressed the following questions: Proposed retention of a heritage item – Whether there is a material public benefit involved that should be taken into account under s94(6) of the Environmental Planning and Assessment … Continue reading

Posted in development contributions | planning agreements | value capture | Tagged | Comments Off on Two challenges to the reasonableness of a s94 condition dismissed

Strata Termination: New Laws for Redevelopment

The NSW State Government Strata Title Law Reform position paper (Paper) sets out a wide range of proposed amendments to current strata legislation.  You can view the complete paper here. The sleeper issue for the new legislation will be the … Continue reading

Posted in property | commercial | Comments Off on Strata Termination: New Laws for Redevelopment

Coastal Hazard Risk – Information on s149 Certificates

The Department of Planning has released a draft Planning Circular (Draft Circular) regarding notations on s149 certificates in respect of coastal hazards. Under s149 of the Environmental Planning & Assessment Act 1979 (EPA Act) application can be made for a planning … Continue reading

Posted in environment | natural resources | climate change | Tagged | Comments Off on Coastal Hazard Risk – Information on s149 Certificates

New BASIX targets – No change to housing affordability?

The NSW Department of Planning and Infrastructure has published new Building Sustainability Index (‘BASIX‘) targets for public comment. The NSW Government’s view is that the new BASIX targets will not affect housing affordability. However, a newspaper article from the Sydney Morning Herald on … Continue reading

Posted in property | commercial | Comments Off on New BASIX targets – No change to housing affordability?

Reports Recommending Local Government Reform in NSW

Recent reports prepared by the Local Government Acts Taskforce (‘Taskforce‘) and the Independent Local Government Review Panel (‘Panel‘), which set out recommendations for local government reform in NSW, have been finalised and given to the Minister for Local Government, the Hon. Don … Continue reading

Posted in local government | administrative law | Comments Off on Reports Recommending Local Government Reform in NSW

Council unfairly dismisses employee after loss of drivers licence

In Neville Brown and Parramatta City Council [2014] NSWIRComm 1002, Tabbaa C in the Industrial Relations Commission of NSW held that the Applicant had been unfairly dismissed by the Council from his employment after having lost his driver’s licence, despite being … Continue reading

Posted in local government | administrative law | Comments Off on Council unfairly dismisses employee after loss of drivers licence