Monthly Archives: June 2015

Decision on invalidity of inconsistent construction certificates will not be overturned by the High Court

Burwood Council’s application for special leave to appeal against the Court of Appeal’s decision in Burwood Council v Ralan Burwood Pty Ltd (No 3) [2014] NSWCA 404  has been refused by the High Court today.

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SEPP 65 Amendments and the new Apartment Design Guide Published

The NSW Government’s review of SEPP 65 has been completed.  Amendments to SEPP 65 and a new Apartment Design Guide to replace the Residential Design Flat Code were published today.

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Existing use rights – characterising the use by reference to the planning regime at the time

In Jojeni Investments Pty Ltd v Mosman Municipal Council [2015] NSWCA 147 (Jojeni) the Court of Appeal has confirmed that in determining whether land has the benefit of existing use rights, where there is no development consent which might constrain … Continue reading

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Variations to Planning Proposals – An Update

Hard on the heels of the first case to consider legislative amendments to the scheme for variations to planning proposals, the Land and Environment Court (Court) has delivered a further judgment dealing with this issue.

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Variations to Planning Proposals

A recent decision of the Land and Environment Court has considered the scope of councils’ powers to vary a planning proposal once community consultation has been completed. The decision represents the first case to assess the current statutory scheme for variations … Continue reading

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