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NSW Housing and Productivity Contributions Implementation
On 25 August 2023, the NSW Department of Planning and Environment released the draft Environmental Planning and Assessment (Housing and Productivity Contribution) Order 2023 (Ministerial order) to give effect to the introduction of the Housing and Productivity Contribution (HPC). The…
When is an easement ‘reasonably necessary’ to access landlocked land?
In a recent Supreme Court decision, the Court exercised its discretion to impose an easement over the defendant’s land to provide access to landlocked land, after the defendant constructed a gate to prevent informal access. The plaintiffs had used the informal…
ALERT: Bill for Housing & Productivity Development Contributions Scheme Passed by Parliament
The Environmental Planning and Assessment Amendment (Housing and Productivity Contributions) Bill 2023 which was introduced into the NSW Legislative Assembly on 23 May 2023 was passed by Parliament on 28 June 2023. It is currently awaiting assent and will commence on…
Lack of Supply of Social and Affordable Housing in NSW: Reforms to Planning Laws and Strategies
Over the past month, there has been significant discussion on potential reforms that may best respond to the continuing issue of the lack of affordable housing in NSW, and the further projected demand for housing across the next 5 to…
Do positive covenants run with the land?
A recent case in the NSW Court of Appeal has considered whether a positive covenant for the payment of money that is registered on title runs with the land and is binding on successors in title. General rule in relation…
Deadlines in Gateway Determination do not effect validity of LEP
In a recent decision the Land & Environment Court considered a range of challenges to various decisions arising from a planning proposal to rezone land by amending the Bega Valley Local Environmental Plan 2013 (Amending LEP). The proceedings were brought…
Dedication of land for roads without a VPA
We have previously blogged about the case of L & G Management Pty Ltd v Council of the City of Sydney [2021] NSWLEC 1084 (L & G Management). That case confirmed previous case law to the effect that it is…
UK Court declares overlooking can constitute private nuisance
The tort of nuisance provides common law protections for owners and users of land against substantial and unreasonable interference by others with their use and enjoyment of the land. This usually includes things like preventing neighbours from creating loud noises,…
ALERT: New planning regulations require a landowner’s consent to development to be in writing
On 25 November 2022, the Governor of NSW made the Environmental Planning and Assessment Amendment (Miscellaneous) Regulation (No 2) 2022 (‘Amendment Reg’). The Amendment Reg makes some small but notable changes to the Environmental Planning and Assessment Regulation 2021 (‘EPA…
Challenging CDCs – Errors, time limits and the Court’s discretion
We previously blogged on the recent Court of Appeal decision in Ross v Lane [2022] NSWCA 235, in which the Court held that the application of SEPP 65 to a particular DA was not a “jurisdictional fact” capable of objective determination by…
Risks of Relying on Caveats
The recent Supreme Court case Kitanovski v Ibraham [2022] NSWSC 1232 provides a reminder that the registration of a caveat on title to protect an unregistered interest in land is ultimately less secure than a registered interest in land and…
Infrastructure Reforms Shelved
We previously published an article about the introduction of the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 (‘Bill‘) to the Legislative Assembly on 22 June 2021. The Bill proposed to rewrite the NSW infrastructure contributions system under Part…
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