Monthly Archives: April 2017

Can a developer seek a court order to remedy its own apprehended breach of a development consent?

It is well established that there are two ways to modify a development consent under the Environmental Planning and Assessment Act 1979. A consent may be modified by resort to the process in s96 or s96AA of the Act, or in consequence … Continue reading

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New LEC Conciliation Conference Policy

In conjunction with recent changes to the Class 1 Development Appeals Practice Note (‘Practice Note‘), the Land and Environment Court has also issued a new Conciliation Conference Policy (‘Policy‘). The Policy is substantially the same as the previous version. Nonetheless, … Continue reading

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New Practice Note for Class 1 Residential Development Appeals

The Land and Environment Court (‘Court’) has issued a new Practice Note for the conduct of class 1 residential development appeals. Parties should be familiar with the changes as the Practice Note imposes new obligations on parties with strict consequences for … Continue reading

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An unreasonable time for compliance may provide a ‘reasonable excuse’

The recent decision of the Land and Environment Court of NSW (LEC) in Council of the City of Sydney v Blue Chips Franchise Pty Ltd [2017] NSWLEC 24,  sheds some light on what constitutes a “reasonable excuse” for failing to comply with a requirement … Continue reading

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