Monthly Archives: October 2018

Conciliation agreements – Commissioners must give reasons

A development consent granted by a Land and Environment Court Commissioner following a s34 conciliation conference has been set aside by the Court of Appeal because the Commissioner failed to give reasons evidencing her satisfaction as to the legal prerequisites … Continue reading

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Thinking of challenging the validity of a development consent? The sooner, the better!

Generally proceedings challenging an administrative decision must be commenced within 3 months of the decision being made.  However, the Court does have the discretion to vary this time frame. Three recent decisions in the Land and Environment Court involving challenges … Continue reading

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Is it a bird or is it a plane? – the use of drones for enforcement activities

In September 2018 the Department of Planning and Environment (‘DPE’) released guidelines for the DPE compliance unit for the operation of remotely piloted aircraft , also known as drones or unmanned aircraft (‘Drones’) in compliance and enforcement functions.

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Western Sydney Airport – development in protected airspace

The protected airspace for Western Sydney Airport was declared under the Airports Act 1996 (Cth) and the Airports (Protection of Airspace) Amendment Regulation 1996 (Cth) on 19 October 2017. Development that infringes on protected airspace may require approval from the Australian … Continue reading

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UPDATE – proposed planning framework for Short-Term Rental Accommodation available for comment

The Department of Planning & Environment (Department) has recently released for public comment an Explanation of Intended Effect (EIE) regarding proposed amendments to the planning rules relating to short-term rental accommodation (STRA) in New South Wales (NSW). Amendments to existing … Continue reading

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Draft Urban Design Guide for Regional NSW – on public exhibition

The draft Urban Design Guide for Regional NSW: A Guide for Creating Healthy Built Environments in Regional NSW (“Guide”) has been prepared by the Government Architect NSW in collaboration with the Department of Planning & Environment and is currently on … Continue reading

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Inland Code for exempt and complying development

The NSW Department of Planning & Environment (‘DPE’) has announced that in regional NSW, approvals for new homes, home renovations and farm buildings will be made easier and faster when the Inland Code commences on 1 January 2019.

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Infrastructure SEPP amendments commence – additional consultation requirements for certain activities

On 31 August 2018, a range of changes to State Environmental Planning Policy (Infrastructure) 2007 (‘Infrastructure SEPP‘) came into force following the commencement of the  State Environmental Planning Policy (Infrastructure)  Amendment 2018 (‘2018 Amendments‘).

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When timing is everything in commencing class 5 prosecutions…

A recent decision of the Land and Environment Court is compulsory reading for statutory authorities with prosecution powers (or those the subject of a prosecution) as it examines how the period of limitation for commencing proceedings should be construed, as … Continue reading

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