Author Archives: greg garrett

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

Posted in planning | development | Leave a comment

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

Posted in environment | natural resources | climate change, planning | development | Leave a comment

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

Posted in planning | development | Comments Off on Draft Urban Design Guide for Regional NSW – on public exhibition

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

Posted in local government | administrative law, planning | development | Comments Off on When timing is everything in commencing class 5 prosecutions…

Amendments to Standard Instrument retail land use definitions

Earlier this year we blogged on the public exhibition of proposed amendments to the retail land use definitions in the Standard Instrument (Local Environment Plans) Order 2006 (Standard Instrument) here. New or revised definitions came into effect on 27 July and  … Continue reading

Posted in planning | development | Comments Off on Amendments to Standard Instrument retail land use definitions

Is disclosure of personal information within an agency a breach of the Privacy and Personal Information Act 1998?

The Civil and Administrative Tribunal of NSW (‘NCAT’) has recently considered if in setting up an electronic rule within its email system, the result of which was to automatically redirect all emails sent from a particular person’s known email addresses … Continue reading

Posted in local government | administrative law | Comments Off on Is disclosure of personal information within an agency a breach of the Privacy and Personal Information Act 1998?

Proposal to modernise retail premises land use definitions

The NSW Department of Planning and Environment (‘DPE‘) is calling for submissions on its proposed amendments to the Standard Instrument (Local Environmental Plans) Order 2006 (‘Standard Instrument‘).  The amendments proposed the  introduction of new definitions for retail uses of land.

Posted in planning | development | Comments Off on Proposal to modernise retail premises land use definitions

Can an unrepresented litigant claim costs for out of pocket expenses in legal proceedings?

In Profitability Consulting Pty Ltd v Thorpe [2018] NSWCATAP 41, the Appeal Panel of the NSW Civil and Administrative Tribunal (‘Appeal Panel‘) considered an application for costs brought by two unrepresented litigants (‘the Thorpes‘) to recoup their out of pocket … Continue reading

Posted in local government | administrative law | Comments Off on Can an unrepresented litigant claim costs for out of pocket expenses in legal proceedings?

A dwelling house or a boarding house? That is the question.

The Land and Environment Court has recently  considered whether land was being used for the purpose of a boarding house as opposed to a dwelling house. The issues considered in the case did not raise new principles of law but … Continue reading

Posted in planning | development | Comments Off on A dwelling house or a boarding house? That is the question.

Let’s talk about going green: Call for submissions on draft Greener Places Policy

The Government Architect of NSW is currently seeking submissions on the draft policy Greener Places: Establishing an Urban Green Infrastructure Policy for New South Wales (‘Greener Places‘) which seeks to guide the planning and the delivery of the State’s network … Continue reading

Posted in environment | natural resources | climate change | Comments Off on Let’s talk about going green: Call for submissions on draft Greener Places Policy