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Challenge to LEP dismissed

11 Aug, 2014

A recent challenge to the validity of an amendment to the Wingecarribee Local Environmental Plan 2010 was dismissed by a Judge of the Land and Environment Court. In doing so, the Court made three interesting findings about the procedures for…

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What is a residential building?

22 Jul, 2013

The NSW Court of Appeal recently handed down its decision in GrainCorp Operations Ltd v Liverpool Plains Shire [2013] NSWCA 171 throwing into question the line of authority which had previously interpreted the term ‘residential buildings’ (or similar terms) within an…

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More on savings provisions

4 Dec, 2012

Further to our blog on the effect of savings provisions in planning instruments on existing use rights, a Commissioner of the Land & Environment Court has also considered the proper interpretation of the savings provision in cl1.8A of the The Hills…

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Savings provisions, existing uses and existing consents

13 Nov, 2012

In the decision of Presrod Pty Limited v Wollongong City Council [2012] NSWLEC 240, the Court considered whether a prohihited development, which was approved in reliance on savings provisions in the Wollongong Local Environmental Plan 2009 (LEP) had the benefit of existing…

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Changes to the Standard Instrument

24 Mar, 2011

The Department of Planning has now published a planning circular describing the changes made to the Standard Instrument on 25 February 2011. On 25 June 2011, the amendments to the mandatory provisions of the Standard Instrument will be incorporated into…

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