The Department of Planning and Environment (Department) recently published the NSW Coastal Design Guidelines 2023 (Coastal Design Guidelines) and the Coastal Crown Land Guidelines 2023 (Coastal Crown Land Guidelines). Coastal Design Guidelines We previously discussed a draft of the Coastal…
Exhibition of the Draft Coastal Design Guide
On 29 July 2022, the Department of Planning and Environment (‘DPE‘) released the draft NSW Coastal Design Guidelines (‘Draft Guidelines‘) for public consultation. The Draft Guidelines are intended to replace the current NSW Coastal Design Guidelines 2003, and have been…
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…
The Government has taken its next step in implementing its reform package for the management of the NSW coastline by introducing the Coastal Management Bill 2016 (Bill) into Parliament. The Bill, once it commences, will replace the current Coastal Protection Act 1979 (CP Act).
Newly re-elected Premier Mike Baird has undertaken a cabinet reshuffle resulting in new Ministers for the Environment and Planning. Rob Stokes, the former Minister for the Environment, is the new Minister for Planning and Mark Speakman, new to the cabinet,…
In the recent case of Dunford v Gosford City Council [2015] NSWLEC 1016, the Land & Environment Court considered whether to grant development consent for the construction of a dwelling which the Council contended would not avoid or minimise risks…
Coastal Reform – Has the Tide Finally Turned?
On Monday 17 November 2014 the Minister for the Environment Rob Stokes MP announced a reform package for coastal hazards involving the repeal of the Coastal Protection Act 1979 and a new coastal management act. The major aspects of the…
The Department of Planning has released a draft Planning Circular (Draft Circular) regarding notations on s149 certificates in respect of coastal hazards. Under s149 of the Environmental Planning & Assessment Act 1979 (EPA Act) application can be made for a planning…
In a recent decision of the Land & Environment Court, the reasonableness of two conditions of consent imposed in respect of a dwelling proposed on land subject to coastal hazards was considered. The case demonstrates the difficulties for local councils in attempting…
Winding back of coastal protection laws
On 22 October 2012 the Coastal Protection Amendment Act 2012 (Amendment Act) was passed. It has not yet commenced. Once it does commence, it will amend the Coastal Protection Act 1979 (Act) in a number of ways which could be seen…