The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) specifies types of development which are exempt or complying development. The transitional provisions in the Codes SEPP are to the effect that local controls on
In Cumerlong Holdings Pty Ltd v Dalcross Properties Pty Ltd & Ors [2011] HCA 27, the High Court considered whether a provision in an existing environmental planning instrument suspending the operation of covenants, agreements and instruments applied to development on land…
On Thursday, 18 August 2011, a draft SEPP was placed on exhibition for public comment which identifies categories of development which will be state significant development (SSD) or state significant infrastructure (SSI) when the Environmental Planning and Assessment Act 1979 is…
On 26 August 2011, the Subordinate Legislation Act 1989 was amended to provide that the Environmental Planning and Assessment Regulation 2000 will remain in force until 1 September 2013 unless sooner repealed.
The Land and Environment Court (Biscoe J) recently handed down its decision in Sweetwater Action Group Inc v Minister for Planning [2011] NSWLEC 106 (Sweetwater), a case that dealt with the question whether security provided under a planning agreement satisfied s93F(3)(g)…
Further to our update on 17 June 2011, the Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011 was passed on 22 June 2011 (Act). Consistent with the Government’s election promise, the Act repeals Part 3A of the Environmental…
A recurring issue for consent authorities, particularly councils, is whether development consent may be granted to development subject to a condition imposed under s80A(1)(f) of the EPA Act requiring a public work to be carried out by the developer if the…
The Environmental Planning and Assessment Amendment (Maintenance of Local Government Development Consent Powers) Bill 2011 (Bill) has been introduced into the Parliament. The Bill proposes to abolish planning assessment panels, amend the functions of planning administrators and create an advisory…
On 28 February 2011, a number of significant changes will be made to planning appeal and review processes. The changes include the following: Greater range of internal reviews available – an applicant’s right of internal review will be expanded to…