Protecting beachfront properties from exposure to coastal erosion and hazards is an ongoing problem across much of the NSW coast and made worse by climate change. Recently, the Land and Environment Court (Court) considered whether development consent should be granted…
In Class 1, 2 and 3 appeals in the Land and Environment Court (LEC), it is common for parties to reach an agreement in a conciliation conference on the issues in dispute prior to the final hearing and enter into a…
This is the final blog in our series about sentencing principles in criminal prosecutions commenced by local councils and government departments. Our previous blogs can be read here: Sentencing Principles Explained – Q & A #1 and here: Sentencing Principles Explained…
Introduction This is the second blog in our series about sentencing principles in criminal prosecutions commenced by local councils and government departments. Our first blog can be read here: Sentencing Principles Explained – Q & A #1. In this blog, we answer…
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…
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,…
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…
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…