Recent years have seen several developments in the law regarding the validity of instruments such as development consents, complying development certificates and construction certificates. We have blogged on many of these cases (see here and here for instance). The Court…
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…
In the recent case of S J Connelly CPP Pty Ltd and Kate Singleton Pty Ltd t/as Planners North v Northern Regional Planning Panel (No 2) [2019] NSWLEC 199, the Land and Environment Court (‘the Court’) considered whether the land…
Generally proceedings challenging an administrative decision must be commenced within 3 months of the decision being made. However, the Court does have the discretion to vary this time frame. Three recent decisions in the Land and Environment Court involving challenges…
A significant decision for the interpretation of the Heritage Act 1977 (‘Act‘) was recently made by the Land and Environment Court (‘Court‘) in Millers Point Community Assoc. Incorporated v Property NSW [2017] NSWLEC 92. The Court considered the decision of the Minister for Heritage…