Monthly Archives: November 2018
When are extrinsic documents incorporated into a development consent
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 … Continue reading
Securities for enforcement of planning agreement and consent obligations
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 … Continue reading
ICAC – new guidelines for direct negotiations
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
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 … Continue reading
Protective (or maximum) costs orders in the LEC
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 … Continue reading
Coastal Reforms Transitional Provisions – Coastal Management SEPP
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 These reforms repealed the Coastal Protection Act 1979 (Former Act).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 … Continue reading
Public Sector Agencies’ – Civil Liability for Child Abuse
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.
