Deferred commencement consents – don’t let them lapse!

14 Aug, 2018

The decision of Preston CJ in Dennes v Port Macquarie-Hastings Council [2018] NSWLEC 95 (‘Dennes‘) confirms that, once the period for satisfaction of a deferred commencement condition has expired without the condition being satisfied, the consent cannot be revived  on appeal against…

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Conciliation in Class 1 Appeals – recent developments

21 Dec, 2016

Those involved in class 1 conciliation conferences in the Land and Environment Court (Court) should be aware of recent comments made by Commissioners, namely, that parties should not expect multiple adjournments of section 34 conciliation conferences.

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Acting under delegation – Do you have the power?

30 Oct, 2016

The Courts are often required to consider the validity of decisions made pursuant to delegated authority. A recent decision of the Land and Environment Court provides an example of the difficulties which may arise when the terms of an instrument…

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The Balmain Leagues Club case

11 Oct, 2016

Axiomatically, planning law is not troubled by the identity of the applicant, much less any background or history the applicant might have.  However, the recent decision of the Land & Environment Court in the Balmain Leagues Club case indicates that…

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DAs – Not safe from amendments to LEPS

11 Aug, 2016

The NSW Court of Appeal has overturned a finding of the Land and Environment Court to the effect that the savings provision in local environmental plans (LEPs) in the form of the Standard Instrument – Principal Local Environmental Plan (Standard Instrument) would…

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