Author Archives: liam mulligan
Deferred commencement consents – don’t let them lapse!
The decision of Preston CJ in Dennes v Port Macquarie-Hastings Council [2018] NSWLEC 95 (‘Dennes‘) confirms that, once the period for satisfaction of a deferred commencement condition has expired without the condition being satisfied, the consent cannot be revived on appeal against … Continue reading
When should you decide a discount application for GIPA processing charges?
In the recent matter of Shoebridge v Office of Environment and Heritage [2018] NSWCATAP 144, the Appeal Panel of the NCAT considered whether a government agency was obliged to determine an application for a discount to a processing charge before … Continue reading
Amendment of Minimum Subdivision Lot Size clauses in the Standard Instrument
The Standard Instrument – Principle Local Environmental Plan (‘Standard Instrument‘) has been amended to clarify that the minimum lot size development standard does not apply to either the subdivision of land by the registration of strata or community plans, or the subdivision … Continue reading
ALERT – Restructure of EPA Act and Other Amendments Commence on 1 March 2018
As discussed in previous blogs, the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) is about to undergo substantial amendment. The Department of Planning and Environment (‘DPE‘) has recently announced the timetable for the commencement of those amendments, and confirmed that some … Continue reading
“Significant development” – a new avenue in FSR calculations?
An important consideration in the assessment of many development applications is whether the relevant floor space ratio (FSR) controls have been complied with.
New Primary Production and Rural Development SEPP
The Department of Planning and Environment (DPE) is currently seeking submissions on proposed changes to the existing planning controls governing primary production and rural development. The proposed changes are set out in the Primary Production and Rural Development – Explanation of … Continue reading
Applicant misses the bus on clause 4.6 request
Written requests under clause 4.6 are many and varied and while the Land and Environment Court has provided clear guidance as to what is required to found an exception, applicants continue to test the boundaries of what a clause 4.6 … Continue reading
