Tag Archives: epa act
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
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
Amendment of Minimum Subdivision Lot Size clauses in the Standard Instrument
The Standard Instrument – Principle Local Environmental Plan (‘Standard Instrument‘) has been amended to clarify that the minimum lot size development standard does not apply to either the subdivision of land by the registration of strata or community plans, or the subdivision … Continue reading
ALERT – Restructure of EPA Act and Other Amendments Commence on 1 March 2018
As discussed in previous blogs, the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) is about to undergo substantial amendment. The Department of Planning and Environment (‘DPE‘) has recently announced the timetable for the commencement of those amendments, and confirmed that some … Continue reading
Protection of Marine Environments through new Coastal Management Reforms – opportunities and challenges
As we recently blogged, the NSW Government has released the much anticipated draft State Environmental Planning Policy (Coastal Management) 2016 (CM SEPP) for public comment as part of its broader coastal management reform package (Reform Package). This blog looks at the opportunities under this … Continue reading
Sydney Planning Panels – Active as of Next Week
Six new Sydney Planning Panels (Planning Panels) will commence operation on 21 November 2016. This will coincide with the expected public exhibition of the draft District Plans by the Greater Sydney Commission (GSC). These developments are key steps in the … Continue reading
Construction impact of concept proposals – a mandatory consideration or not?
In one of the few cases considering the scheme for concept proposals in the context of staged development applications, the Land and Environment Court (‘LEC‘) has determined whether construction impacts are mandatory relevant considerations when assessing a purely conceptual proposal for … Continue reading
Change in direction – new NSW wind energy guidelines released
The NSW Government has released for public consultation a draft ‘New Wind Energy Planning Framework’ (Draft Framework) for large-scale wind energy facilities, which aims to increase investment in wind energy in the state, whilst balancing the needs of the community.
Balancing the public interest against private interests
The Land and Environment Court has recently been required to balance the public interest against private interests in the context of a marina development. The decision has reinforced the Court’s earlier test that in the context of the State Environmental Planning Policy Sydney … Continue reading
