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Reasonable Endeavours for Public Authorities
The decision of the Supreme Court in 123 259 932 Pty Ltd v Cessnock City Council (No 2) [2021] NSWSC 1329 is a reminder that public authorities should exercise caution when entering into contracts that require the authority to take reasonable action…
Consolidation of SEPPs and Minister’s Planning Principles
On 2 December 2021, the NSW Government (Government) published 11 new thematic State Environmental Planning Policies (SEPPs) as part of a consolidation process to simplify the State’s planning policies. All 11 consolidated SEPPs will commence on 1 March 2022. From…
New Regulations for Infrastructure Contributions Released for Public Consultation
On 28 October 2021, the NSW Government released several documents as part of the infrastructure contributions reform package for public consultation. These documents include: Environmental Planning and Assessment Amendment (Infrastructure Contributions) Regulation 2021 (‘Amendment Regulation‘). Environmental Planning and Assessment (Local…
The New NSW Alfresco Dining Regime
As we all look forward to returning to our local restaurants, pubs and cafes the NSW Government has released their ‘Alfresco Restart Package’. Included in the Alfresco Restart Package are changes to the planning rules to enable premises across the…
Defamation: High Court confirms comments on Facebook pages ‘publication’
On 8 September 2021, the High Court of Australia held that under defamation law media companies are ‘publishers’ of comments made by members of the public on their Facebook posts and are responsible for the moderation of comments on the…
ALERT: Exhibition Draft of the Proposed Environmental Planning and Assessment Regulation 2021
On 5 August 2021, the Department of Planning, Industry and Environment (‘DPIE’) released for public consultation the draft Environmental Planning and Assessment Regulation 2021 (‘Draft EPA Regulation‘), which is intended to replace the Environmental Planning and Assessment Regulation 2000 (‘EPA Regulation 2000‘). The…
Subdivisions and Development Standards
In the recent case of Elimatta Pty Ltd v Read and Anor [2021] NSWLEC 75, Robson J of the Land & Environment Court found that the criteria to be met in a clause of the Yass Valley Local Environmental Plan…
UPDATE: Modifications of Modification Applications and Requests
After a number of weeks of uncertainty, the State Government has now amended the Environmental Planning & Assessment Regulation 2000 (EPA Reg) to ensure that a modification application made under s4.55 of the Environmental Planning & Assessment Act 1979 (EPA…
UPDATED: A Further Development – Power to amend a Modification Application made directly to the LEC
In an earlier post, we blogged about changes in the law that now mean there is no power in either a consent authority, or the Land & Environment Court on appeal, to amend a modification application made directly to the…
UPDATED: Can a modification application be amended?
Consent authorities assessing applications to modify development consents, usually under s 4.55 of the Environmental Planning and Assessment Act 1979 (EPA Act), have generally assumed that they could accept an amended form of the modification application. However, a recent decision…
Bill to Reform NSW Development Contributions System Introduced into Parliament
As part of a suite of reforms introduced with the 2021–22 Budget, the NSW Government introduced the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 (‘Bill‘) to the Legislative Assembly on 22 June 2021. The Bill proposes to rewrite the…
ALERT: Amendment to Crown Land Management Regulation – Removal of POM Adoption Deadline
On 4 June 2021 the Crown Land Management Regulation 2018 (CLM Regulation) was amended to remove the deadline for councils managing Crown land (Council Crown land managers) to adopt plans of management for that land by 30 June 2021, and removing…
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