Author Archives: megan hawley
Shrub Removal Saves a Consent from Lapsing
It has long been the case that reasonably minimal preparatory works are sufficient to prevent a development consent from lapsing. A recent case has held that a consent was prevented from lapsing as the result of removal of shrubs, thus … Continue reading
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
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
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 These reforms repealed the Coastal Protection Act 1979 (Former Act).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
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
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
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
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
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
