Monthly Archives: August 2017
Testing the waters – the Court of Appeal rules on the proper application of the Catchment SEPP
A recent decision of the Court of Appeal (‘Court‘) has ruled on the proper application of the State Environment Planning Policy (Sydney Drinking Water Catchment) 2011 (NSW) (‘Catchment SEPP‘) when a proposal for development will involve the discharge of water … Continue reading
Be Ready: New Land Management and Biodiversity Conservation Laws Commencing – Part 2
This blog follows our previous post on the key changes to the current system for land management and biodiversity conservation in NSW. In this post we focus on the new processes for the clearing of native vegetation due to commence operation on … Continue reading
Analysis: Raising the Cap – Local Infrastructure Contributions for Dwellings and Residential Lots
In our recent ALERT, we notified of the new Environmental Planning and Assessment (Local Infrastructure Contributions) Amendment Direction 2017 (2017 Amendment) The 2017 Amendment amends the contributions cap for new dwellings and residential lots imposed under the Environmental Planning and Assessment (Local Infrastructure Contributions) Direction 2012 … Continue reading
‘Retail Premises’ need not involve direct sales to the public
The Court of Appeal has confirmed that in order for a development to comprise ‘retail premises‘ the development does not need to involve sales direct to the public.
ALERT: Consent authority functions for development of councillors of local councils abolished
The Environmental Planning and Assessment and Electoral Legislation Amendment (Planning Panels and Enforcement) Bill 2017 was passed by both Houses on 10 August 2017 (‘Bill‘). Notably, the Bill will abolish the role of councillors of councils in the Greater Sydney region … Continue reading
Going back to BASIX – are you sure you don’t need one (for a boarding house)?
The increased instance of ‘new generation boarding houses’ (long-term, low cost rental accommodation) under the State Environmental Planning Policy (Affordable Rental Housing) 2009 (‘SEPP ARH‘) raises an interesting question as to what constitutes BASIX affected development. This question goes to the … Continue reading
Assessment of State Significant Projects
The NSW Department of Planning and Environment (‘Department‘) is reviewing the Environmental Impact Assessment (‘EIA‘) process for State significant projects. The Department has released nine draft guidelines for comment. The guidelines are designed to improve the EIA process for proponents, communities … Continue reading
Shining a red light on brothels
In the recent case of Yao v Liverpool City Council [2017] NSWLEC 1167 (‘Yao’) the Land and Environment Court revised the planning principle relating to the location of brothels that was established in Martyn v Hornsby Shire Council [2004] NSWLEC 614 (‘Martyn’) in order … Continue reading
Defamatory statements in political discussion – when are they protected?
A recent NSW Supreme Court case concerning defamatory statements made against a local councillor provides useful guidance on when the defence of “honest opinion and fair comment” will be made out. This decision assists councillors and other politicians in understanding when the law will and will … Continue reading →