Monthly Archives: August 2018

Clause 4.6: Is a neutral or better outcome a requirement for success?

In an important decision, Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118, Preston CJ has further clarified the correct approach to the consideration of clause 4.6 requests including that the clause does not require that a development that contravenes a … Continue reading

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ALERT: Further postponement of revised building and subdivision certificate provisions of the EPA Act

Today, the Department of Planning and Environment (DPE) announced that the commencement of Part 6 of the Environmental Planning and Assessment Act 1979 (EPA Act), that deals with building and subdivision certification, will be further postponed until 1 September 2019. This … Continue reading

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UPDATE – NSW Government moves to regulate Airbnb and HomeAway by passing the Fair Trading Amendment (Short-term Rental Accommodation) Bill 2018

The State Government has almost finalised the first step towards regulating the short-term rental accommodation (STRA) industry and the practice of short-term holiday letting in New South Wales by passing the Fair Trading Amendment (Short-Term Rental Accommodation) Bill 2018 (Bill). The … Continue reading

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Deferred commencement consents – don’t let them lapse!

The decision of Preston CJ in Dennes v Port Macquarie-Hastings Council [2018] NSWLEC 95 (‘Dennes‘) confirms that, once the period for satisfaction of a deferred commencement condition has expired without the condition being satisfied, the consent cannot be revived  on appeal against … Continue reading

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Local government child protection compliance obligations

On 23 June 2018 the NSW Government responded to the Royal Commission into Institutional Responses to Child Sex Abuse.  The responses announced include committing to applying child safe standards to make institutions safer for children. Councils provide services for children … Continue reading

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