In Jojeni Investments Pty Ltd v Mosman Municipal Council [2015] NSWCA 147 (Jojeni) the Court of Appeal has confirmed that in determining whether land has the benefit of existing use rights, where there is no development consent which might constrain…
In a recent case, the Land and Environment Court has explored the parameters of the period within which objectors to an application for designated development must provide a written submission to ensure they have a right of appeal under the Environmental…
A recent challenge to the validity of an amendment to the Wingecarribee Local Environmental Plan 2010 was dismissed by a Judge of the Land and Environment Court. In doing so, the Court made three interesting findings about the procedures for…
Director General, Department of Planning and Infrastructure v Aston Coal 2 Pty Ltd [2013] NSWLEC 188 (Aston) is the first case dealing with a failure to disclose reportable political donations under s147 of the Environmental Planning and Assessment Act 1979…
Developers, certifiers and councils regularly question to what extent the plans the subject of a construction certificate can vary from the plans approved by a development consent. The Land & Environment Court yesterday held valid a number of construction certificates…
Further to our post on 10 February 2012 on ‘paper subdivisions’ which can be found here, the changes to the Environmental Planning and Assessment Act 1979 (EPA Act) and the Environmental Planning and Assessment Regulation 2000 (EPA Reg) in relation…
LTL has previously reported on amendments to the Environmental Planning and Assessment Act 1979 (EPA Act) concerning development control plans (DCPs). On 1 March 2013, those amendments came into force. The amendments apply to all DCPs in force immediately before 1 March…
Further to our earlier post in relation to the draft Department of Planning and Infrastructure circular on ‘How to characterise development‘ which can be found here, we advise that the circular has now been published without changes.
Further to our blog on the effect of savings provisions in planning instruments on existing use rights, a Commissioner of the Land & Environment Court has also considered the proper interpretation of the savings provision in cl1.8A of the The Hills…
We previously reported on proposed changes to the provisions of the Environmental Planning & Assessment Act 1979 (Act) regarding development control plans (DCPs). The Environmental Planning and Assessment Amendment Bill 2012 (Bill) which proposed the changes has now passed both houses…
In the decision of Presrod Pty Limited v Wollongong City Council [2012] NSWLEC 240, the Court considered whether a prohihited development, which was approved in reliance on savings provisions in the Wollongong Local Environmental Plan 2009 (LEP) had the benefit of existing…
Day two of the Local Government Association conference opened with the Minister for Planning and Infrastructure declaring the government “is committed to returning local planning powers to local councils and their communities“.