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Monthly Archives: August 2016
Update: Recovery of development servicing charges as fees for service
The Court of Appeal has upheld the earlier decision of the Land and Environment Court that Council water supply authorities may require development servicing charges (DS Charges) to be paid as a fee for services under s608 of the Local Government Act … Continue reading
Posted in development contributions | planning agreements | value capture, local government | administrative law
Tagged development servicing charges
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Who are you? – Verification of Identity and the Right to Deal in Conveyancing Transactions
Lawyers and conveyancers around NSW are now required to take “reasonable steps” to verify the identity of their clients and establish their clients’ right to deal in a wide range of “Conveyancing Transactions”. This requirement is the result of new … Continue reading
Posted in development contributions | planning agreements | value capture, property | commercial
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Change in direction – new NSW wind energy guidelines released
The NSW Government has released for public consultation a draft ‘New Wind Energy Planning Framework’ (Draft Framework) for large-scale wind energy facilities, which aims to increase investment in wind energy in the state, whilst balancing the needs of the community.
Posted in environment | natural resources | climate change, planning | development
Tagged climate change, epa act, new planning system, planning reform
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To PIN or not to PIN – that is the question
Increases in the prescribed amount for penalty notices (PIN) for environment and planning offences have seen an increase in the use of PINs, and an increase in the instances where recipients elect to have these matters dealt with by a … Continue reading
Posted in enforcement | compliance, local government | administrative law, planning | development
Tagged enforcement, penalty infringement notice, prosecutions
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Local Council caretaker period – business as usual (almost)
For those Councils in NSW which were not amalgamated on 12 May 2016, Council elections will take place on Saturday 10 September 2016. As a result, the 4 week caretaker period commenced on Friday 12 August 2016. There is a … Continue reading
Posted in local government | administrative law
Tagged caretaker period, functions of council, powers of council
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DAs – Not safe from amendments to LEPS
The NSW Court of Appeal has overturned a finding of the Land and Environment Court to the effect that the savings provision in local environmental plans (LEPs) in the form of the Standard Instrument – Principal Local Environmental Plan (Standard Instrument) would … Continue reading
Posted in planning | development
Tagged land & environment court
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Don’t you forget about me – who to commence civil enforcement proceedings against
The Land and Environment Court this week adjourned civil enforcement proceedings brought by a Council against an alleged perpetrator and ordered the Council to amend its summons to join an additional party to the proceedings. The joinder of the additional party … Continue reading
Posted in enforcement | compliance, local government | administrative law
Tagged enforcement
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Council officers as strata scheme parking rangers?
Buried within Schedule 4 of the new Strata Schemes Management Act 2015 is an amendment to the Local Government Act 1993 (LG Act) to insert a new s650A. This will allow the body corporates to enter into an agreement with the council allowing the council to set … Continue reading
Posted in local government | administrative law
Tagged strata
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