A relevant enforcement authority (including a local council) can issue a development control order (DCO) in certain circumstances to require a person to do or refrain from doing things to ensure compliance with the Environmental Planning and Assessment Act 1979…
The NSW Government has at last provided some detail of its proposed low and medium-density housing reforms, releasing the “Explanation of Intended Effect” for the proposed changes (‘EoE‘). The EoE is on public exhibition from 15 December 2023 to 23…
The Climate Change (Net Zero Future) Act 2023 (the Act) was recently passed by the New South Wales Parliament, and has commenced operation. The purpose of this landmark legislation is to give effect to the commitments under the 2015 Paris…
Amendments to the State Environmental Planning Policy (Housing) 2021 (Housing SEPP) which were announced by the NSW Government in June 2023, came into effect yesterday, 14 December 2023 with the making of the State Environmental Planning Policy Amendment (Housing) 2023…
In Lahoud v Willoughby City Council [2023] NSWLEC 117, the Land and Environment Court applied the recent decision of the Court of Appeal in El Khouri v Gemaveld Pty Ltd [2023) NSWCA 78 in rejecting a challenge to a consent granted…
The State Government is restructuring certain government departments including the Department of Planning and Environment (DPE). The division of responsibilities of the DPE is to be reallocated amongst other departments as set out below. The proposed changes are set out…
The Department of Planning and Environment is publicly exhibiting a new set of local infrastructure contribution practice notes and seeking feedback until Friday 23 February 2024. The Department’s website states that it ‘has undertaken the first comprehensive rewrite of all…
In an effort to tackle the current housing affordability issues facing the State, the NSW Government has announced a new plan to increase housing diversity and housing density across the State. The Government proposes to amend existing planning regulations to…
Note: This blog was first published in January 2013. It has been updated to reflect changes in the law since then. Resident objectors have a unique role in development appeals in Class 1 of the Land & Environment Court’s jurisdiction….
Before taking enforcement action, it is critical for the enforcement agency to identify the correct perpetrator. A failure to do so may result in the validity of the enforcement action being successfully challenged or defeated. This issue regularly arises in…
Note: Since this article was published, this case is now undergoing appeal. We will keep you informed of any developments. Introduction With some exceptions, land owned and controlled by local Councils, can generally be described as public land. Such land…
Before carrying out or approving an activity under Division 5.1 of the Environmental Planning and Assessment Act 1979 (‘EPA Act‘), determining authorities are required to consider the environmental impacts of the activity. This is commonly referred to as a review of…