Monthly Archives: February 2018

Update: Strata Renewal Plan Applications – Guidance from the LEC on joinder and costs

In two related decisions, the Land and Environment Court has provided guidance in relation to the process for joinder of parties to an application to the Court to give effect to  Strata Renewal Plans (SRP Application) under the Strata Schemes Development … Continue reading

Posted in planning | development, property | commercial | Tagged | Comments Off on Update: Strata Renewal Plan Applications – Guidance from the LEC on joinder and costs

Order for rectification of retaining wall on Council’s land upheld

The NSW Court of Appeal recently upheld the validity of  an order issued by Sutherland Shire Council (Council) that required work to be done, partly on the Council’s land.  The order was issued under item 21 of the Table to … Continue reading

Posted in local government | administrative law | Comments Off on Order for rectification of retaining wall on Council’s land upheld

ALERT – Restructure of EPA Act and Other Amendments Commence on 1 March 2018

As discussed in previous blogs, the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) is about to undergo substantial amendment. The Department of Planning and Environment (‘DPE‘) has recently announced the timetable for the commencement of those amendments, and confirmed that some … Continue reading

Posted in local government | administrative law, planning | development | Tagged , , | Comments Off on ALERT – Restructure of EPA Act and Other Amendments Commence on 1 March 2018

A “reasonable excuse” for delay in bringing an application for GIPA Act review

In a recent decision of the NSW Civil and Administrative Tribunal (NCAT), an application for review of an agency’s decision to refuse access to documents requested under the Government Information (Public Acccess) Act 2009 (GIPA Act) which was lodged out of time … Continue reading

Posted in local government | administrative law | Tagged | Comments Off on A “reasonable excuse” for delay in bringing an application for GIPA Act review

Draft Remediation of Land SEPP

The Department of Planning and Environment (‘DPE‘) has announced a Draft Remediation of Land SEPP (‘Draft SEPP‘) which will repeal and replace the current State Environmental Planning Policy No 55—Remediation of Land (‘SEPP 55‘).  The Explanation of Intended Effect of the … Continue reading

Posted in planning | development | Comments Off on Draft Remediation of Land SEPP

Court refuses proposal to dedicate land in lieu of s94 monetary contributions

In the recent case of McCloy Teralba v Lake Macquarie City Council [2017] NSWLEC 1752 the Land and Environment Court refused to allow a development consent to be modified under s96 of the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) by replacing … Continue reading

Posted in development contributions | planning agreements | value capture | Comments Off on Court refuses proposal to dedicate land in lieu of s94 monetary contributions