We have reported on the introduction of the Environmental Planning & Assessment Amendment Bill 2012 (Bill) in an earlier blog. In this article I will address the significant changes to the provisions of the Environmental Planning & Assessment Act 1979…
On 24 October 2012 the Environmental Planning and Assessment Amendment Bill 2012 (Bill) was introduced into the NSW Legislative Assembly. The Bill proposes a number of amendments to the Environmental Planning and Assessment Act 1979 (EPA Act). Amongst the proposed…
We previously reported on a number of cases in which permissibility of boarding house development has turned on the question of the ‘zone equivalence’ test in cl5(1)(b) of State Environmental Planning Policy (Affordable Rental Housing) (SEPP ARH).
In an interesting decision (V’landys v Land and Environment Court of NSW [2012] NSWLEC 218), Biscoe J has held that the Court is not bound to follow the Hunters Hill notification DCP policy where amendments are made to a DA in…
The validity of an occupation certificate has been considered by the Land and Environment Court for the first time in Cessnock City Council v Laila Investments Pty Ltd [2012] NSWLEC 206.
A new Ministerial direction on local infrastructure contributions took effect on and from 28 August 2012 (Direction) to increase the cap on contributions for certain land from $20,000 to $30,000.
The Green Paper on planning reform in NSW, A New System for Planning for NSW, published by the NSW Government, proposes 23 transformative changes to the way land use planning and development assessment will occur in NSW but leaves many…
In our previous post on 28 June (Uncertainty about “equivalent zones” under the Affordable Rental Housing SEPP), we advised that two Commissioners of the Court had taken a different approach to that of Commissioner Tuor in relation to the question…
We reported previously on the revised arrangements for Transitional Part 3A Projects. The government has made some further (pragmatic) amendments by the Environmental Planning and Assessment Amendment (Transitional Part 3A Projects) Regulation 2012 (Regulation).
Section 101 of the Environmental Planning & Assessment Act 1979 (EPA Act) states that proceedings to challenge the validity of a development consent cannot be commenced more than 3 months after public notice of the grant of the consent has…
On 14 July 2012, the NSW Government released its green paper A New Planning System for New South Wales – Green Paper. The Green Paper is the NSW Government’s initial response to the recommendations of the Independent Panel that undertook a review…
On 24 May 2012 the Environmental Planning and Assessment Amendment (Demolition Orders) Bill 2012 (the Bill) was introduced into the NSW Legislative Assembly.