Monthly Archives: October 2017

ALERT – Amendments to the EP&A Act – Environmental Planning and Assessment Amendment Bill 2017

On 18 October 2017, the NSW government introduced the Environmental Planning and Assessment Amendment Bill 2017 (‘Planning Bill‘) into Parliament.  The Planning Bill substantially amends the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) in a number of important respects. This blog takes a … Continue reading

Posted in development contributions | planning agreements | value capture, planning | development | Tagged , , , , , | 3 Comments

On the road again: scope of protection for councils under s45 of the Civil Liability Act 2002 expanded

In a recent decision of the Supreme Court of New South Wales, the special non-feasance protection for roads authorities in s45 of the Civil Liability Act 2002 (CL Act) was held to apply to a Council in respect of an RMS road under … Continue reading

Posted in local government | administrative law, property | commercial | Tagged , , , | 1 Comment

ALERT – Consultation Draft of revised Model Code of Conduct for Local Councils in NSW released today for public comment

The Office of Local Government (OLG) has today issued consultation drafts of a revised Model Code of Conduct for Local Councils in NSW (Model Code) and revised Procedures for the Administration of the Model Code for Local Councils in NSW (Code Procedures), both … Continue reading

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Applicant misses the bus on clause 4.6 request

Written requests under clause 4.6 are many and varied and while the Land and Environment Court has provided clear guidance as to what is required to found an exception, applicants continue to test the boundaries of what a clause 4.6 … Continue reading

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Intensification of Use, Owners Consent and Staged DAs

Development proposals often involve the intensification of the use of an existing easement. A recent decision of the Land and Environment Court is a reminder that development consent will be required for the intensification of the use of an easement. However, it … Continue reading

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