Planning for Bushfire Protection 2019 (PBP) is often considered by consent authorities when dealing with development applications proposed on bush fire prone land, either by reason of section 4.14 of the Environmental Planning and Assessment Act 1979 (EPA Act) or when…
A Reminder from the LEC that there is no power to grant partial consent to a prohibited development
7 May, 2024
Section 4.16(4) of the Environmental Planning and Assessment Act 1979 (EPA Act) allows a consent authority to grant either total or partial consent to a development application, by granting development consent to either: the development for which the consent is sought,…
Note: This blog was first published in January 2013. It has been updated to reflect changes in the law since then. Resident objectors have a unique role in development appeals in Class 1 of the Land & Environment Court’s jurisdiction….
New approach to calculating fees for development as ‘estimated development costs’ – commencing 4 March 2024
28 Sep, 2023
The NSW government recently introduced a new approach to development costs in response to the Independent Commission Against Corruption’s Operation Dasha report, which recommended changes to improve transparency and reduce the risk of corruption. The Environmental Planning and Assessment Amendment…
ALERT: Reforms to Clause 4.6 Exceptions to Development Standards – commencing 1 November 2023
18 Sep, 2023
On 15 September 2023, the NSW Government published a package of amendments that will change the operation of clause 4.6 across all local environmental plans. The changes will commence on 1 November 2023 and follow consultation in 2021 by the…
Many council’s local environmental plans (LEPs) include the model local clause 1.8A , which provides: 1.8A Savings provision relating to development applications [local] If a development application has been made before the commencement of this Plan in relation to land…
Proposed reforms to the Environmental Planning and Assessment Regulation 2000: Further Observations
30 Aug, 2021
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…
ALERT: Exhibition Draft of the Proposed Environmental Planning and Assessment Regulation 2021
9 Aug, 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…