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Reminder: Validly issuing a Development Control Order
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…
Continued: New plans to make Sydney living more diverse & denser
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…
Protection for Councils’ Domestic and Waste Management Services Employees
On 15 December 2023, the Local Government (General) Regulation 2021 (LG Reg) was amended by the Local Government (General) Amendment (Tendering) Regulation (No 2) 2023 (Amending Regulation) to protect the employment of workers who provide domestic and waste management services contracts….
ALERT: Climate Change (Net Zero Future) Act 2023 commences
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…
Alert: In-Fill Affordable Housing and Amendment of the Housing SEPP
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…
Consent granted to development in breach of development standard not invalid – again
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…
ALERT: Restructuring of the Department of Planning and Environment
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…
New NSW Coastal Design Guidelines and Coastal Crown Land Guidelines
The Department of Planning and Environment (Department) recently published the NSW Coastal Design Guidelines 2023 (Coastal Design Guidelines) and the Coastal Crown Land Guidelines 2023 (Coastal Crown Land Guidelines). Coastal Design Guidelines We previously discussed a draft of the Coastal…
Revised NSW Local Infrastructure Contributions Practice Notes on Public Exhibition
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…
New plans to make Sydney living more diverse, denser & a new SEPP
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…
Limitation Period on Recovery of Overpaid Rates
The New South Wales Court of Appeal has recently clarified the scope of a ratepayer’s ability to recover overpaid rates and, in particular, the breadth of the restriction on such recovery imposed by the Recovery of Imposts Act 1963 (RoI…
New Information and Privacy Commission Guidelines for the Disclosure of Interest Returns
The Information and Privacy Commission (IPC) has recently published a report (the report) on the outcome of its follow-up audit on councils, to determine their compliance with the requirement to publish returns of interest lodged by councillors and designated persons…
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