Category Archives: planning | development

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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Land Rating – When is land used ‘for’ residential accommodation?

A recent decision of the NSW Court of Appeal deals with whether land being developed for the purpose of residential apartments can be categorised as ‘residential’ for rating purposes under s516 of the Local Government Act 1993 (LG Act).

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There goes the (amenity of the) neighbourhood….

Consent authorities regularly impose a condition on development consents to the effect that the development approved must be conducted in a manner so as not to interfere with the amenity of the neighbourhood.  The Court recently provided guidance on the … 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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When are extrinsic documents incorporated into a development consent

An issue which frequently arises in interpreting development consents is whether extrinsic documents may be taken into account. The general principle that consents are ‘stand alone’ documents, is subject to rules about when they do in fact incorporate other documents by … Continue reading

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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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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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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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