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…
As we recently blogged, the NSW Government has released the much anticipated draft State Environmental Planning Policy (Coastal Management) 2016 (CM SEPP) for public comment as part of its broader coastal management reform package (Reform Package). This blog looks at the opportunities under this…
Six new Sydney Planning Panels (Planning Panels) will commence operation on 21 November 2016. This will coincide with the expected public exhibition of the draft District Plans by the Greater Sydney Commission (GSC). These developments are key steps in the…
In one of the few cases considering the scheme for concept proposals in the context of staged development applications, the Land and Environment Court (‘LEC‘) has determined whether construction impacts are mandatory relevant considerations when assessing a purely conceptual proposal for…
The NSW Government has released for public consultation a draft ‘New Wind Energy Planning Framework’ (Draft Framework) for large-scale wind energy facilities, which aims to increase investment in wind energy in the state, whilst balancing the needs of the community.
The Land and Environment Court has recently been required to balance the public interest against private interests in the context of a marina development. The decision has reinforced the Court’s earlier test that in the context of the State Environmental Planning Policy Sydney…
The Government has taken its next step in implementing its reform package for the management of the NSW coastline by introducing the Coastal Management Bill 2016 (Bill) into Parliament. The Bill, once it commences, will replace the current Coastal Protection Act 1979 (CP Act).
The Land & Environment Court has clarified further how to apply savings clauses in local environmental plans (LEPs) to development applications (DAs) made but not determined before the LEP is made or amended.
In a recent decision of the Land and Environment Court, Justice Craig held that a Council, dealing with unlawful development contrary to the Environmental Planning and Assessment Act 1979 (EPA Act), is not required to choose between a criminal prosecution for the breach,…
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…