Monthly Archives: March 2015

Planning Agreements and Breaches of Development Standards

The Department of Planning’s Development Contributions Practice Notes – Planning  Agreements (July 2005), and many local councils’ planning agreements policies provide that benefits provided under planning agreements should not be used to justify a contravention of development standards. In the … Continue reading

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Applicants restrained from lodging access applications under GIPA Act

In two recent cases, the New South Wales Civil and Administrative Tribunal (Tribunal) has made orders (Restraint Orders) restraining individuals from making access applications to Councils, without first obtaining the Tribunal’s permission. The decisions in Pittwater Council v Walker [2015] … Continue reading

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What constitutes ‘participation in good faith’ for the purposes of a conciliation conference in a planning appeal?

Section 34 of the Land and Environment Court Act 1979 gives the Court the power to order that the consent authority and the applicant attend a conciliation conference to attempt to reach agreement as to the terms of a decision … Continue reading

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New Procedural Requirements for Land Authorities wishing to Acquire Land

The NSW Office of Finance and Services has released a circular identifying procedural amendments which acquiring authorities (such as local councils and state government instrumentalities), other than state owned corporations, are to abide by when acquiring land under the Land Acquisition (Just Terms … Continue reading

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