Monthly Archives: October 2016

Acting under delegation – Do you have the power?

The Courts are often required to consider the validity of decisions made pursuant to delegated authority. A recent decision of the Land and Environment Court provides an example of the difficulties which may arise when the terms of an instrument … Continue reading

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Strata Termination Goes to Court

In our previous posts we have looked at the two major types of strata renewal plan; and followed the complex process of the owners’ decision to terminate a scheme.  In this post we consider the final part of the process: … Continue reading

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Construction impact of concept proposals – a mandatory consideration or not?

In one of the few cases considering the scheme for concept proposals in the context of staged development applications, the Land and Environment Court (‘LEC‘) has determined whether construction impacts are mandatory relevant considerations when assessing a purely conceptual proposal for … Continue reading

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Community Confidence in Major Project Assessment

The Department of Planning & Environment has today released a discussion paper for the Environmental Impact Assessment Improvement Project (Discussion Paper), which proposes new guidelines for the assessment of major projects with a view to improving public confidence in the … Continue reading

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The Balmain Leagues Club case

Axiomatically, planning law is not troubled by the identity of the applicant, much less any background or history the applicant might have.  However, the recent decision of the Land & Environment Court in the Balmain Leagues Club case indicates that … Continue reading

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Fire Trails – Whats New?

Under new changes to the Rural Fires Act 1997 local councils and other public authorities will be responsible for the construction and maintenance of fire trails on public land they own or occupy across New South Wales.

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