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,…
A relevant enforcement authority (including a local council) can issue a development control order (DCO) in certain circumstances to require a person to do or refrain from doing things to ensure compliance with the Environmental Planning and Assessment Act 1979…
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….
Before taking enforcement action, it is critical for the enforcement agency to identify the correct perpetrator. A failure to do so may result in the validity of the enforcement action being successfully challenged or defeated. This issue regularly arises in…
Reminder: The modification of a development consent is not the ‘grant of a development consent’
19 Sep, 2023
The power of a consent authority to modify a development consent is set out at sections 4.55 (for modification of consents generally) and 4.56 (for modification of consents granted by the Court) of the Environmental Planning and Assessment Act 1979…
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…
Local councils in New South Wales from time to time make development applications seeking consent to carry out development on land they own, occupy or otherwise control while at the same time being the consent authority responsible for determining 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…
The Greater Sydney Parklands Trust Act 2022 (Parklands Act) commenced on 1 July 2022. On the same date, the Minister for Cities gazetted the Greater Sydney Parklands Shadow Modelling Study 2022 (Shadow Modelling Study). The Parklands Act, in combination with…
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…