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…
The NSW Government has finalised a number of planning reforms to help facilitate tourism activities on existing commercial farms, intended to increase their financial resilience to natural disasters and other adverse events. The changes include a number of new exempt…
The Environmental Planning and Assessment Regulation 2021 (‘EP&A Reg 2021‘) commences on 1 March 2022 with the Environmental Planning and Assessment Regulation 2000 (‘EP&A Reg 2000‘) to be repealed on the same day. The NSW Government has stated that the…
Proposed reforms to the Environmental Planning and Assessment Regulation 2000: Further Observations
In an earlier post, we alerted readers that 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 Reg). The Draft EPA Reg is…
Infrastructure SEPP amendments commence – additional consultation requirements for certain activities
On 31 August 2018, a range of changes to State Environmental Planning Policy (Infrastructure) 2007 (‘Infrastructure SEPP‘) came into force following the commencement of the State Environmental Planning Policy (Infrastructure) Amendment 2018 (‘2018 Amendments‘).
ALERT – Amendments to the EP&A Act – Environmental Planning and Assessment Amendment Bill 2017
On 18 October 2017, the NSW government introduced the Environmental Planning and Assessment Amendment Bill 2017 (‘Planning Bill‘) into Parliament. The Planning Bill substantially amends the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) in a number of important respects. This blog takes a…
Recently, the NSW Government released an Options Paper on Short-term Holiday Letting (STHL) in NSW. The STHL industry in NSW has expanded significantly in recent years and in response to this, in 2016, the NSW Government conducted a public inquiry on the Adequacy of…
Challenging CDCs – An update
LTL has regularly posted on decisions of the Land and Environment Court involving enforcement proceedings brought by councils seeking to set aside complying development certificates (CDC) issued by private certifiers. In the recent decision of Craig J in Bankstown City Council v Ramahi (No…
Complying Development and Development Consents
The Land & Environment Court has considered yet another case regarding the validity of a complying development certificate (CDC), this time involving an alleged failure to consider the terms of an existing development consent when determining whether the relevant development…
The NSW Government’s proposed amendments to the State Environmental Planning Policy (Exempt and Complying Development) 2008 (Exempt and Complying Development SEPP) are open to community comment with the public exhibition and submission period commencing 19 October 2015.
When are boundary adjustments exempt development?
In February 2014, the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP) was significantly amended including in respect of the types of subdivision which can be carried out as exempt development.
Changes to Complying Development in NSW
On 22 February 2014 amendments to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP), and the Environmental Planning & Assessment Regulation 2000 (Regulation) in respect of complying development will come into effect. The amendments to…