Author Archives: stuart simington

About stuart simington

Partner. Stuart is a prominent and highly regarded specialist planning, environment and local government lawyer, with over 18 years' experience. During his career, Stuart has worked as a prosecutor for the Environment Protection Authority of NSW and as a senior associate in one of Australia's leading law firms. Stuart is a highly skilled and determined solicitor advocate, who regularly appears for state government, local government and developer clients in the Land and Environment Court. Stuart has an enviable success rate of achieving his client's aims. In addition, Stuart has extensive experience advising clients in relation to the Environmental Planning and Assessment Act 1979 including advising on significant land release, rezoning and infrastructure matters for state government, local government and developers clients. Stuart has specialist expertise in relation to pollution and contamination law issues drawing on his previous experience as a prosecutor for the Environment Protection Authority of NSW. Stuart is a Member of the Planning Committee of the Housing Industry Association and a Member of the Land and Environment Court Users Group. Stuart is an Accredited Specialist in Local Government and Planning Law.

Complying development certificate for dwelling found invalid for lack of retaining wall certification

The Building Professionals Board (‘BPB‘) recently investigated a complying development certificate (‘CDC‘) issued by an accredited certifier for the erection of a dwelling.  The CDC was issued without an engineer’s certificate for a retaining wall to support the excavation for … Continue reading

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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

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Conciliation agreements – Commissioners must give reasons

A development consent granted by a Land and Environment Court Commissioner following a s34 conciliation conference has been set aside by the Court of Appeal because the Commissioner failed to give reasons evidencing her satisfaction as to the legal prerequisites … Continue reading

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Western Sydney Airport – development in protected airspace

The protected airspace for Western Sydney Airport was declared under the Airports Act 1996 (Cth) and the Airports (Protection of Airspace) Amendment Regulation 1996 (Cth) on 19 October 2017. Development that infringes on protected airspace may require approval from the Australian … Continue reading

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Inland Code for exempt and complying development

The NSW Department of Planning & Environment (‘DPE’) has announced that in regional NSW, approvals for new homes, home renovations and farm buildings will be made easier and faster when the Inland Code commences on 1 January 2019.

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Infrastructure SEPP amendments commence – additional consultation requirements for certain activities

On 31 August 2018, a range of changes to State Environmental Planning Policy (Infrastructure) 2007 (‘Infrastructure SEPP‘) came into force following the commencement of the  State Environmental Planning Policy (Infrastructure)  Amendment 2018 (‘2018 Amendments‘).

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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

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Clause 4.6: Is a neutral or better outcome a requirement for success?

In an important decision, Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118, Preston CJ has further clarified the correct approach to the consideration of clause 4.6 requests including that the clause does not require that a development that contravenes a … Continue reading

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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

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WestConnex – Proposed compulsory acquisition notice ruled invalid

A notice for the proposed compulsory acquisition of land (PAN) required under the Roads Act 1993 for the WestConnex project has been ruled invalid by the Supreme Court. In addition to holding that the proposed acquisition notice failed to meet … Continue reading

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