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…
The Land and Environment Court recently handed down a decision dealing with the interrelation between the integrated development regime established under Div 4.8 of the Environmental Planning and Assessment Act 1975 (EP&A Act) and the regime for the provision of…
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…
Court considers when a DA is ‘not yet determined’ under the savings provisions of Housing SEPP
18 Aug, 2022
The meaning and effect of savings provisions in environmental planning instruments is often contentious. In many cases, the question of whether a particular application is “saved” has significant and meaningful consequences. A recent decision of the Land and Environment Court…
Other than to correct a minor error, misdescription or miscalculation, a development consent can only be modified under sections 4.55 and 4.56 of the Environmental Planning and Assessment Act 1979 (EPA Act) if the consent authority or the Court is satisfied…
Greater Sydney is now the Six Cities Region
20 Apr, 2022
As of 13 April 2022, the Greater Sydney Region, is to be known as the ‘Six Cities Region‘. The Greater Cities Commission Act 2022 (‘Cities Act‘) implements this change. The Cities Act also repeals the Greater Sydney Commission Act 2015…
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…
The use of evidence that may incriminate – Investigative powers under the POEO Act considered by the Court
16 Feb, 2022
In a recent decision of the NSW Land and Environment Court (Court), the Court considered how investigative powers under the Protection of the Environment Operations Act 1997 (POEO Act) can be used to gather a broad range of evidence and…