Monthly Archives: October 2014

Heritage impact planning principle repealed

In Comino v Council of the City of Sydney,  the Land and Environment Court has repealed the planning principle relating to development affecting, or affected by, the curtilage of an item of heritage significance. The Court held that the planning principle in … Continue reading

Posted in planning | development | Comments Off on Heritage impact planning principle repealed

Interpreting orders of the Court – are the reasons relevant?

The NSW Court of Appeal has recently considered when it will be appropriate to refer to extrinsic materials including the reasons for a Court’s decision, and the terms of the relevant development application, when interpreting Court orders granting development consent.

Posted in planning | development | Comments Off on Interpreting orders of the Court – are the reasons relevant?

Impacts on threatened species – What if they are less than significant?

The recent Court of Appeal decision in Davis v Gosford City Council [2014] NSWCA 343  makes it clear that impacts on threatened species,  populations, or ecological communities, or their habitats are relevant considerations under s79C of the Environmental Planning and Assessment Act 1979 (‘the Act’), … Continue reading

Posted in environment | natural resources | climate change | Comments Off on Impacts on threatened species – What if they are less than significant?

Service of orders under the LG Act : a salutory reminder

The Local Government Act 1993 authorises the service of statutory orders on an individual by sending the order by prepaid post to the recipient. It might also be thought that it would be sufficient to leave an order in the recipient’s mailbox. But … Continue reading

Posted in enforcement | compliance, local government | administrative law | Comments Off on Service of orders under the LG Act : a salutory reminder

Tough new penalties for planning breaches in NSW

NSW Minister for Planning Pru Goward this week announced an increase in the maximum penalties available to the Land and Environment Court (the Court) against individuals and companies who contravene planning rules. Under the Environmental Planning and Assessment Act 1979 … Continue reading

Posted in enforcement | compliance, planning | development | Comments Off on Tough new penalties for planning breaches in NSW

Easements for Council Water and Sewer Works?

We are often asked whether a local council requires an easement for its water and sewer works (including underground pipes) to remain on private land and to enable the council to enter onto private land to carry out works on that … Continue reading

Posted in local government | administrative law, property | commercial | Comments Off on Easements for Council Water and Sewer Works?

Proposed Amendments to SEPP 65 – Well Designed and Affordable Apartments?

The NSW Department of Planning and Environment (Department) has exhibited a draft amendment to State Environmental Planning Policy No.65 – Design Quality of Residential Flat Development (SEPP 65), which is aimed at improving both the design and affordability of apartments.

Posted in local government | administrative law, planning | development | Comments Off on Proposed Amendments to SEPP 65 – Well Designed and Affordable Apartments?

Rural Fire Service announces changes to 10/50 Vegetation Clearing Entitlement Areas

The Commissioner of the NSW Rural Fire Service (RFS), Shane Fitzsimmons, yesterday announced changes to the controversial 10/50 scheme for vegetation clearing. The changes are an attempt to address significant community concern following reports of opportunistic clearing since the clearing … Continue reading

Posted in environment | natural resources | climate change | Comments Off on Rural Fire Service announces changes to 10/50 Vegetation Clearing Entitlement Areas