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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Refresher: relevant and irrelevant considerations

16 Jul, 2013

A recent Court of Appeal decision, Lo v Chief Commissioner of State Revenue [2013] NSWCA 180 (Lo), provides the  opportunity for a refresher on the permissible scope of relevant and irrelevant considerations; such as, when evaluating a development application (DA).

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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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Court of Appeal Straightens-Up s94 Credit Analysis

8 Mar, 2011

On 18 February 2011, the NSW Court of Appeal (Tobias, Campbell, Macfarlan JJA) delivered an important decision on how credits under s94 of the Environmental Planning and Assessment Act 1979 should be calculated for residential development on land historically used…

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