The common law principle of “standing” determines whether a person is entitled to commence proceedings in a particular forum or in respect to a particular issue. Demonstrating a “special interest” in the subject matter of proceedings has generally been sufficient…
A Reminder from the LEC that there is no power to grant partial consent to a prohibited development
7 May, 2024
Section 4.16(4) of the Environmental Planning and Assessment Act 1979 (EPA Act) allows a consent authority to grant either total or partial consent to a development application, by granting development consent to either: the development for which the consent is sought,…
Characterisation of agricultural land uses involving cultivation and processing – a reminder of the principles
21 Mar, 2024
Introduction In a recent decision, the NSW Court of Appeal once again considered the correct approach to the characterisation of land uses, in this case concerning agriculture. The Court dismissed an appeal from a judgment of the Land and Environment…
Note: This blog was first published in January 2013. It has been updated to reflect changes in the law since then. Resident objectors have a unique role in development appeals in Class 1 of the Land & Environment Court’s jurisdiction….
Before taking enforcement action, it is critical for the enforcement agency to identify the correct perpetrator. A failure to do so may result in the validity of the enforcement action being successfully challenged or defeated. This issue regularly arises in…
Reminder: The modification of a development consent is not the ‘grant of a development consent’
19 Sep, 2023
The power of a consent authority to modify a development consent is set out at sections 4.55 (for modification of consents generally) and 4.56 (for modification of consents granted by the Court) of the Environmental Planning and Assessment Act 1979…
The Land and Environment Court recently handed down a decision dealing with the interrelation between the integrated development regime established under Div 4.8 of the Environmental Planning and Assessment Act 1975 (EP&A Act) and the regime for the provision of…
The Supreme Court of NSW (Supreme Court) has considered whether a landowner, who was successful in an appeal against the failure of the council to recategorise its land as farmland, was subsequently entitled to a refund of the amount of…
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…
Many council’s local environmental plans (LEPs) include the model local clause 1.8A , which provides: 1.8A Savings provision relating to development applications [local] If a development application has been made before the commencement of this Plan in relation to land…
Other than to correct a minor error, misdescription or miscalculation, a development consent can only be modified under sections 4.55 and 4.56 of the Environmental Planning and Assessment Act 1979 (EPA Act) if the consent authority or the Court is satisfied…
A recent decision by the NSW Court of Criminal Appeal (CCA) confirms that the Land and Environment Court (LEC) has the power to summarily dismiss a summary prosecution prior to final hearing when an essential condition of criminality cannot be…