Author Archives: frances tse

About frances tse

Frances, Wing Yee Tse is a Special Counsel with Lindsay Taylor Lawyers. Frances has been practicing in the field of local government, planning and environment law since her graduation from Bachelor of Laws in 2007. Frances also holds a Masters of Environmental Law from the University of Sydney and is an accredited specialist in planning & environment law as governed by the Law Society of NSW. Frances has experience in providing advice in relation to the Environmental Planning and Assessment Act 1979 to including advice on characterisation and permissibility of development, validity of consents and planning instruments, assessment processes (Part 4, Part 3A (now repealed), crown development provisions and Part 5), and infrastructure and development contributions (including section 94 and planning agreements). Frances has assisted in the drafting of a vast number of planning agreements and works-in-kind agreements for local councils and developers. She has also assisted in the provision of advice to local councils and developers on the provisions of Environmental Planning and Assessment Act 1979 on such agreements and the registration of planning agreements. Frances has experience in property and conveyancing and has worked on matters involving the sale of council and Crown land, including advice on proper procedures for sale of Crown land under the Crown Lands Act 1989 and drafting of associated agreements, and deeds. Frances has experience in local government matters, including advices in relation to code of conduct, council meeting procedure, tendering issues and access to information under the Government Information (Public Access) Act 2009. Since the commencement of that Act, Frances has also been involved in proceedings in the Administrative Decisions Tribunal in relation to a review of an application for access to information. Frances has acted as advocate in classes 1 and 4 of the Land & Environment Court.

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

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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

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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

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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

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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

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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

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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

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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

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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

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Lapsing of Consents – Works Need Not be for a Core Activity

The Supreme Court has put beyond doubt that when determining whether particular works can prevent lapsing of a development consent under section 95(4) of the Environmental Planning and Assessment Act 1979 (‘EPA Act‘), there is no place for distinguishing between works … Continue reading

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