Monthly Archives: February 2016

Valuing works-in-kind – a reminder

A recent decision in the Supreme Court of New South Wales highlights the difficulties that can arise when valuing works-in-kind under agreements between a council and developer under s94(5)(b) of the Environmental Planning and Assessment Act 1979 (EPA Act).

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Revised Community Consultative Committee Guidelines for State Significant Projects

The Department of Planning and Environment has revised its guidelines on Community Consultative Committees so that they apply not only to  mining projects but to State significant projects generally. The draft Community Consultative Committee Guidelines (Draft Guidelines) are now available on … Continue reading

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Inconsistent requirements of DCP of no effect in unlawful land clearing case

In a recent decision, the Court of Appeal dismissed an appeal against Shoalhaven City Council’s claim that a landowner  carried out unlawful clearing of land. The decision confirmed that the provisions of the relevant development control plan, argued by the landowner … Continue reading

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Can parking inspectors ‘record’ abuse from drivers?

The safety of council parking inspectors is a matter of increasing concern across New South Wales as officers are faced with aggressive and abusive drivers when issuing parking tickets. Councils keen to protect their staff are considering equipping officers with audio … Continue reading

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LEP Savings Clauses

The Land & Environment Court has clarified further how to apply savings clauses in local environmental plans (LEPs) to development applications (DAs) made but not determined before the LEP is made or amended.

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Pecuniary interest disclosures – NCAT reinforces high probity requirements

The NSW Civil and Administrative Tribunal (‘Tribunal‘) has  recently  upheld an earlier decision of the Local Government Pecuniary Interest Tribunal (‘PIT‘) holding that the Deputy Mayor of Auburn City Council breached the pecuniary interest provisions of the Local Government Act … Continue reading

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