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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