Author Archives: megan hawley

About megan hawley

Partner. Megan is a highly respected specialist planning, environment and local government lawyer with over 20 years' specialist experience. During her career Megan has worked in 2 of Australia's top tier law firms, including 5 years as a partner. Megan frequently advises state government, local government and private sector clients in relation to issues pertaining to the Environmental Planning and Assessment Act 1979, the Local Government Act 1993, and the Environment Protection and Biodiversity Conservation Act 1999. Megan has particular expertise in acting for public authorities and private developers in negotiating and drafting commercial agreements, planning agreements and other agreements, particularly where the agreement involves contaminated land, pollution issues, or the provision of affordable housing. Megan is an Accredited Specialist in Local Government and Planning Law as regulated by the Law Society of NSW's Specialist Accreditation Board.

Time Limited Consents and Coastal Hazards

The Department of Planning’s publication, Coastal Planning Guideline: Adapting to Sea Level Rise, states that time limited development consents are an option to allow for the occupation of coastal lands until they are compromised by coastal hazards. Such development consents have often … Continue reading

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The Meaning of ‘Land’

Two recent Land and Environment Court decisions have considered what constituted the land on which a heritage item is situated, and what constituted the land on which an extractive industry was being carried out. The cases remind us that the Court will not consider … Continue reading

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A ‘Road’ is not a ‘Building’

In the recent case of Hakea Holdings Pty Ltd v Louisiana Properties Pty Ltd [2018] NSWCA 240, the NSW Court of Appeal held that the construction of a road did not constitute the erection of a building, and as a result … Continue reading

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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 These reforms repealed the Coastal Protection Act 1979 (Former Act).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

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UPDATE – Prescribed Model Code of Conduct for Local Councils in NSW released

On 3 September 2018 the Minister for Local Government (Minister) released the 2018 Model Code of Conduct for Local Councils in NSW (Code), and Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW (Code Procedures). … Continue reading

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ALERT: Further postponement of revised building and subdivision certificate provisions of the EPA Act

Today, the Department of Planning and Environment (DPE) announced that the commencement of Part 6 of the Environmental Planning and Assessment Act 1979 (EPA Act), that deals with building and subdivision certification, will be further postponed until 1 September 2019. This … Continue reading

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When can a Sydney District or Regional Planning Panel ‘Direct and Control’ a Council in a Class 1 Appeal?

For the first time, the Land and Environment Court has considered a recently introduced provision of the Environmental Planning and Assessment Act 1979 (EPA Act) which makes a council subject to the direction and control of a planning panel in the conduct of … Continue reading

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New Housing Codes Commence

On 6 July 2018 the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) was amended to include the Low Rise Medium Density Housing Code (MDH Code) and the Greenfield Housing Code (GH Code). Consequential amendments were also made to the Environmental Planning … 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

Posted in crown land management | native title, local government | administrative law | 2 Comments

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

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