Category Archives: development contributions | planning agreements | value capture

Securities for enforcement of planning agreement and consent obligations

The Department of Planning and Environment has indicated that it is updating its policies and procedures for the safekeeping, release and monitoring of financial securities for enforcement of obligations under  conditions of development consent and planning agreements (PA’s). It has also … Continue reading

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EPA Act Amendments – VPA preconditions no longer a restriction on issuing of occupation certificates

A small but significant change to the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) will take effect on 1 September 2018 removing a restriction on the issuing of occupation certificates where a precondition to the issuing of the certificate contained in … Continue reading

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Court refuses proposal to dedicate land in lieu of s94 monetary contributions

In the recent case of McCloy Teralba v Lake Macquarie City Council [2017] NSWLEC 1752 the Land and Environment Court refused to allow a development consent to be modified under s96 of the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) by replacing … Continue reading

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ALERT – Amendments to the EP&A Act – Environmental Planning and Assessment Amendment Bill 2017

On 18 October 2017, the NSW government introduced the Environmental Planning and Assessment Amendment Bill 2017 (‘Planning Bill‘) into Parliament.  The Planning Bill substantially amends the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) in a number of important respects. This blog takes a … Continue reading

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Testing the waters – the Court of Appeal rules on the proper application of the Catchment SEPP

A recent decision of the Court of Appeal (‘Court‘) has ruled on the proper application of the State Environment Planning Policy (Sydney Drinking Water Catchment) 2011 (NSW) (‘Catchment SEPP‘) when a proposal for development will involve the discharge of water … Continue reading

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Analysis: Raising the Cap – Local Infrastructure Contributions for Dwellings and Residential Lots

In our recent ALERT, we notified of the new  Environmental Planning and Assessment (Local Infrastructure Contributions) Amendment Direction 2017 (2017 Amendment) The 2017 Amendment amends the contributions cap for new dwellings and residential lots imposed under the Environmental Planning and Assessment (Local Infrastructure Contributions) Direction 2012 … Continue reading

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ALERT: New Ministerial Direction on Local Infrastructure Contributions

The Environmental Planning and Assessment (Local Infrastructure Contributions) Amendment Direction 2017 was published today on the website of the NSW Department of Planning and Environment. It is accompanied by a Circular. The Direction is given by the Minister for Planning … Continue reading

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Conditions of consent requiring VPA compliance

A Commissioner of the Land and Environment Court has held that a condition of development consent that required a voluntary planning agreement (‘VPA‘) which had already been entered into to be complied with before the issuing of a strata subdivision … Continue reading

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New Planning Laws for NSW – An initial overview

Earlier this week the NSW Government released an exposure draft of the Environmental Planning & Assessment Amendment Bill 2017 (Amendment Bill)  which proposes to make a range of amendments to the Environmental Planning and Assessment Act 1979  (EPA Act).

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Update: Recovery of development servicing charges as fees for service

The Court of Appeal has upheld the earlier decision of the Land and Environment Court that Council water supply authorities may require development servicing charges (DS Charges) to be paid as a fee for services under s608 of the Local Government Act … Continue reading

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