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Author Archives: frances tse
Expansion of types of leases and licences that Council managers can grant over pre-POM Crown land
Local councils who are Crown land managers can now grant more types of leases and licences over Crown land that they manage pending the adoption of a plan of management (‘POM’) for that land under the Local Government Act 1993 … Continue reading
Changes to the Roads Act by the new Crown Lands Legislation
When the Crown Land Management Act 2016 (CLM Act) commenced in full on 1 July 2018, provisions relating to Crown roads and public roads in the Roads Act 1993 (Roads Act) were amended. Significantly, the Roads Act now distinguishes between ‘council public roads‘, … Continue reading
Posted in crown land management | native title, planning | development
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Transitional Arrangements for Councils as Reserve Trust Managers
The provisions of the Crown Land Management Act 2016 (‘CLM Act’) which are not yet in force will commence operation on 1 July 2018 and the existing Crown Lands Act 1989 (‘Former Act’) will be repealed on that day. The CLM … Continue reading
EPA Act Amendments – VPA preconditions no longer a restriction on issuing of occupation certificates
A small but significant change to the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) will take effect on 1 September 2018 removing a restriction on the issuing of occupation certificates where a precondition to the issuing of the certificate contained in … Continue reading
Posted in development contributions | planning agreements | value capture
Tagged epa act, occupation certificates, planning agreements
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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
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Conditions of consent requiring VPA compliance
A Commissioner of the Land and Environment Court has held that a condition of development consent that required a voluntary planning agreement (‘VPA‘) which had already been entered into to be complied with before the issuing of a strata subdivision … Continue reading
Posted in development contributions | planning agreements | value capture
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Statutory Notices – Essential Preconditions to Exercise of Power
The Land and Environment Court has once again emphasised the importance of compliance with statutory requirements for public notices by invalidating a contract for sale as a result of a failure by a Minister to publish a proper statutory notification prior … Continue reading
Posted in planning | development
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Construction impact of concept proposals – a mandatory consideration or not?
In one of the few cases considering the scheme for concept proposals in the context of staged development applications, the Land and Environment Court (‘LEC‘) has determined whether construction impacts are mandatory relevant considerations when assessing a purely conceptual proposal for … Continue reading
Posted in planning | development
Tagged epa act, land & environment court, state significant development
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Local Government Amendment (Governance and Planning) Bill 2016
The Local Government Amendment (Governance and Planning) Bill 2016 (‘Governance and Planning Bill‘) was introduced into Parliament on 22 June 2016. The Governance and Planning Bill is the first phase of the Government’s broader reform of the Local Government Act 1993 … Continue reading
Posted in local government | administrative law
Tagged lg act
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New Housing Code proposed to replace existing General Housing Code
The Department of Planning and Environment has published a draft Housing Code to replace the General Housing Code in Part 3 of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (‘Codes SEPP‘). While the draft Housing Code looks significantly … Continue reading
Posted in planning | development
Tagged department of planning
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