Monthly Archives: June 2017

An Overview of the Crown Land Legislation Amendment Act 2017

The Crown Land Legislation Amendment Act 2017 (‘CLLA’) was assented to on 17 May, 2017. The majority of the CLLA Act will commence on the day when the Crown Lands Act 1989 is repealed by the Crown Land Management Act … Continue reading

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Interpreting an option to extend a contract: lessons from the Court of Appeal

The NSW Court of Appeal has issued an important reminder to local councils about the need for clarity in tender documents. In Port Macquarie-Hastings Council v Diveva Pty Limited [2017] NSWCA 97, the Court considered the proper construction of an option to extend … Continue reading

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New Housing Code Published

On 14 July 2017 the General Housing Code currently contained in State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Housing Code) 2008 (Codes SEPP) will be replaced with a new ‘simplified’ Housing Code.

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Single stage concept DAs held to be invalid and construction impacts relevant to concept approvals

The NSW Court of Appeal, yesterday, held to be invalid the widely adopted practice whereby staged development applications are used to obtain concept approval for single stage developments. The Court also found that in the assessment of the concept approval for … Continue reading

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More on CDCs and Development Consents

The Land & Environment Court has handed down a decision which suggests that a complying development certificate (CDC) cannot authorise development which would breach a condition of a development consent. If the decision is to be read in that way, which … Continue reading

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What constitutes a ‘recreation facility (major)’?

A recent decision of the New South Wales Court of Appeal (‘Court‘) in Cheetham v Goulburn Motorcycle Club Inc [2017] NSWCA 83 has considered for the first time the meaning of the term ‘recreation facility (major)’, a definition generally used in local environmental … Continue reading

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