An issue which frequently arises in interpreting development consents is whether extrinsic documents may be taken into account. The general principle that consents are ‘stand alone’ documents, is subject to rules about when they do in fact incorporate other documents by…
The Department of Planning and Environment has indicated that it is updating its policies and procedures for the safekeeping, release and monitoring of financial securities for enforcement of obligations under conditions of development consent and planning agreements (PA’s). It has also…
ICAC – new guidelines for direct negotiations
29 Nov, 2018
The NSW Independent Commission Against Corruption has published new guidelines for public sector organisations ‘Direct negotiations: guidelines for managing risks‘ (‘2018 Guidelines‘). The 2018 Guidelines replace the guidelines published by the Commission in 2006 (‘2006 Guidelines‘).
Complying development certificate for dwelling found invalid for lack of retaining wall certification
28 Nov, 2018
The Building Professionals Board (‘BPB‘) recently investigated a complying development certificate (‘CDC‘) issued by an accredited certifier for the erection of a dwelling. The CDC was issued without an engineer’s certificate for a retaining wall to support the excavation for…
Protective (or maximum) costs orders in the LEC
20 Nov, 2018
The power of the Land and Environment Court to make protective (or maximum) costs orders – orders which cap the costs that may be recovered by a party from another in litigation – was considered by Pepper J in the…
The coastal reforms comprising the State Environmental Planning Policy (Coastal Management) 2018 (CM SEPP) and the Coastal Management Act 2016 (Act) commenced on 3 April 2018. These reforms repealed the Coastal Protection Act 1979 (Former Act). However, the Act and CM SEPP do not automatically…
On 26 October 2018 the NSW Parliament passed legislation to introduce a statutory duty on both public sector agencies and private organisations to prevent the abuse of children.