We have previously blogged about the case of L & G Management Pty Ltd v Council of the City of Sydney [2021] NSWLEC 1084 (L & G Management). That case confirmed previous case law to the effect that it is…
On 28 October 2021, the NSW Government released several documents as part of the infrastructure contributions reform package for public consultation. These documents include: Environmental Planning and Assessment Amendment (Infrastructure Contributions) Regulation 2021 (‘Amendment Regulation‘). Environmental Planning and Assessment (Local…
As part of a suite of reforms introduced with the 2021–22 Budget, the NSW Government introduced the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 (‘Bill‘) to the Legislative Assembly on 22 June 2021. The Bill proposes to rewrite the…
Is it mandatory for a voluntary planning agreement (VPA) under s7.4 of the Environmental Planning and Assessment Act 1979 (EPA Act) to be publicly notified contemporaneously with the development application, or the planning proposal to which it relates? This question…
EPA Act Amendments – VPA preconditions no longer a restriction on issuing of occupation certificates
A small but significant change to the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) will take effect on 1 September 2018 removing a restriction on the issuing of occupation certificates where a precondition to the issuing of the certificate contained in…
ALERT – Amendments to the EP&A Act – Environmental Planning and Assessment Amendment Bill 2017
On 18 October 2017, the NSW government introduced the Environmental Planning and Assessment Amendment Bill 2017 (‘Planning Bill‘) into Parliament. The Planning Bill substantially amends the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) in a number of important respects. This blog takes a…
My previous article examined the concept of value capture, provided a basic land economics justification, and described how it is typically implemented through voluntary planning agreements (‘VPAs‘) under s93F of the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) in connection with planning proposals in an urban…
Section 93F of the Environmental Planning and Assessment Act 1979 (‘EPA Act‘) establishes a statutory system of bargaining for community benefits between planning authorities and persons interested in the use and development of land, such as landowners and developers (‘landowners‘). The bargain…
As noted in the previous post titled “Voluntary Planning Agreements in NSW – Ten Years On”, dated 12 July 2015, voluntary planning agreements (‘VPAs’) under s93F of the Environmental Planning and Assessment Act 1979 (‘EPA Act’) have become an important planning tool…
Voluntary Planning Agreements in NSW – Ten Years On
The tenth anniversary of the introduction of the formalised system of voluntary planning agreements (‘VPAs’) in New South Wales under s93F of the Environmental Planning and Assessment Act 1979 (‘EPA Act’) occurred on 8 July 2015. This is the first…
The NSW State Budget for 2014-2015 released on 17 June 2014 indicates that $60 million has been allocated for the Local Infrastructure Growth Scheme (‘LIGS‘), down from $99 million in 2013-2014. Given the purpose for which the LIGS was established, it…
Tribunal Overturns Suspension of Councillor
A Marrickville councillor who was suspended for two months by the Director-General of the Division of Local Government (DG) for engaging in misconduct has succeeded in having the suspension overturned in the NSW Civil and Administrative Tribunal (Tribunal).