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Issues and difficulties arising from the interaction between development consents and approvals under s68 of the Local Government Act
Where a development is only permissible with a development consent under the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) and is also an activity under s68 of the Local Government Act 1993 (NSW) (LG Act), uncertainty often arises as…
Can a developer get a refund of development contributions that were imposed unlawfully?
Under s 7.3(1) of the Environmental Planning and Assessment Act 1979 (‘EPA Act‘), monetary contributions paid under a s 7.11 condition in accordance with the conditions of a development consent or with a planning agreement must be held and applied towards…
A Reminder from the LEC that there is no power to grant partial consent to a prohibited development
Section 4.16(4) of the Environmental Planning and Assessment Act 1979 (EPA Act) allows a consent authority to grant either total or partial consent to a development application, by granting development consent to either: the development for which the consent is sought,…
Transport Oriented Development Maps Released
On Monday I published an article on the insertion of the Transport Oriented Development provisions (TOD Provisions) into the State Environmental Planning Policy (Housing) 2021 (Housing SEPP). The article can be accessed here. At the time of writing that article,…
Transport Oriented Development – Amendments to Housing SEPP
The much discussed and controversial ‘Transport Oriented Development’ planning controls (TOD Provisions) have finally been published by way of the insertion of a new Chapter 5 into the State Environmental Planning Policy (Housing) 2021 (Housing SEPP) today. The TOD Provisions…
Release of the 5-year Review of the Biodiversity Assessment Method
The Minister for Environment has released the Biodiversity Assessment Method 5-year review report (Report). The Biodiversity Conservation Act 2016 (BC Act) requires a review as soon as possible, 5 years after the Biodiversity Assessment Method (BAM) was first established. The…
REMINDER: Footpath hazards – when is a Council protected from Liability under the Civil Liability Act?
In a recent decision, the District Court found that a Council was not liable to a plaintiff who had tripped on a raised paver in a park in Redfern. This case is a useful reminder of the various protections councils…
A guide on powers of entry: residential premises
Authorised Council officers are given broad powers to enter and search premises under a range of legislation, including the Environmental Planning and Assessment Act 1979 (EPA Act), the Local Government Act 1993 (LG Act) and the Protection of the Environment…
ALERT: New Practice Notes for Class 3 Proceedings
The Chief Judge of the Land and Environment Court has published two new Practice Notes (PNs) for Class 3 proceedings in the Land and Environment Court. The two new PNs will commence on 2 April 2024. The notes each relate…
Update on a consent authorities’ power to suspend the operation of an easement
The question of whether a consent authority has power to suspend the operation of an easement for the purpose of enabling development to be carried out in accordance with a development consent has again been the subject of consideration in…
“Single Proposed Development” and Likely Impacts in the Context of State Significant Development
It is not unusual for proponents of major development and infrastructure projects to have to grapple with the question of whether an ancillary, albeit necessary, piece of infrastructure for the project, such as a road, electricity transmission line, or a…
ICAC’s guide on how to manage conflict of duties
The Independent Commission Against Corruption (ICAC) has issued a guide to assist public officials and agencies in identifying and managing conflicts of duties. The guide relates to conflicts of duties, not conflicts between a public duty and a personal or…
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