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Council liability for footpath hazards and when is it protected from liability?
In two recent decisions, the NSW Court of Appeal (CoA) has considered when a local council may be liable in negligence for injuries caused on council footpaths and verges. These cases are useful reminders of a council’s duty of care…
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Draft CPP and DAs Exempt from Public Notification
On 8 April 2026, the NSW Government released the proposed statewide Community Participation Plan (Statewide CPP) for public comment. The Planning System Reforms Act 2025 (Reform Act) requires the Planning Secretary to prepare a single statewide community participation plan about…
Is a registered VPA an “interest” in land?
It is common that Voluntary Planning Agreements (VPAs) will be registered on the title to the land to which they relate. The Environmental Planning and Assessment Act 1979 (EPA Act) expressly provides for registration and states that a VPA which…
NSW Court of Appeal Rejects Valuer-General’s Approach to Comparable Sales Method of Valuing Land
In the recent case of Valuer General of New South Wales v Esperia Court Pty Ltd [2026] NSWCA 30, the NSW Court of Appeal unanimously rejected an argument by the Valuer-General of NSW (‘VG‘) that applying the ‘direct comparison’ method…
Draft Statements of Reasons and board communications – does legal professional privilege apply?
The preparation of a statement of reasons is a common part of the making of many administrative decisions. As part of our work advising state and local government decision makers, we are often asked to review drafts of the statement…
Access to public roads – an absolute right?
In a recent decision, the NSW Supreme Court considered the nature and extent of the common law and statutory entitlement of a landowner to access a public road adjoining their land. The case concerned an alleged obstruction preventing the landowner…
ALERT: Further Planning System Reforms commencing on 21 March 2026
On 21 March 2026, further amendments to the Environmental Planning and Assessment Act 1979 (EPA Act) and the Environmental Planning and Assessment Regulation (EPA Regulation) made by the Environmental Planning and Assessment Amendment (Planning Systems Reforms) Act 2025 (Planning Systems…
Works in Kind Arrangements for Housing & Productivity Contributions Scheme in NSW
The recently finalised Housing and Productivity Contribution Works-in-Kind Guideline dated February 2026 published by NSW Department of Planning, Housing and Infrastructure (‘Guideline‘) sets out arrangements for how developer delivery of State and regional infrastructure is evaluated, prioritised and managed.
The Extent to Which Public Works Extinguish Native Title Claims
A decision handed down by the Federal Court in December 2025 provides crucial guidance on how the “undertaking of public works” can extinguish native title claims. The judgment is of particular importance to government agencies managing Crown lands who need…
Changes to Establish Development Coordination Authority on Public Exhibition
We have previously written about the amendments to the Environmental Planning and Assessment Act 1979 by the Environmental Planning and Assessment Amendment (Planning System Reforms) Act 2025 – see our earlier articles here and here. One key feature of the amendments was…
Changes to Workers Compensation Coming in 2026
Following the introduction of the new Stop Bullying and Harassment Orders in 2025 (see our article here), the NSW Government has now progressed their foreshadowed changes to workers compensation with the making of the Workers Compensation Legislation Amendment Act 2025…
Switching off covenants and restrictions – revisiting the operation of clause 1.9A
A recent decision of the NSW Supreme Court provides a timely example of the operation of clause 1.9A – a clause contained in many LEPs which can operate to suspend or override restrictive covenants. Relevantly, clause 19.A(1) provides: (1) For…