A recent decision by the Land and Environment Court provides some guidance on how a proposal to offset biodiversity impacts must be considered in determining a development application under Part 4 of the Environmental Planning and Assessment Act 1979 (EPA Act). Although…
The Standard Instrument – Principle Local Environmental Plan (‘Standard Instrument‘) has been amended to clarify that the minimum lot size development standard does not apply to either the subdivision of land by the registration of strata or community plans, or the subdivision…
An important consideration in the assessment of many development applications is whether the relevant floor space ratio (FSR) controls have been complied with.
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…
The Land and Environment Court has overturned a line of authority that one particular form of transitional provision in standard local environmental plans (LEP) has the effect of making those instruments largely irrelevant to the determination of development applications lodged…
Yet another case has been handed down by the Land & Environment Court regarding what constitutes a dwelling.
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…
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…
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…
Day two of the Local Government Association conference opened with the Minister for Planning and Infrastructure declaring the government “is committed to returning local planning powers to local councils and their communities“.
Conflicting objectives and overlapping purposes – A recent case looks at permissibility under Local Environment Plans
15 Nov, 2011
In a recent decision – Abret Pty Ltd vWingecarribee Shire Council [2011] NSWCA 107 – the News South Wales Court of Appeal has considered the role of objectives in local environment plans as well as how to determine the permissibility of developments with multiple and…
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…