Where a development is only permissible with a development consent under the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) and is also an activity under s68 of the Local Government Act 1993 (NSW) (LG Act), uncertainty often arises as…
A Reminder from the LEC that there is no power to grant partial consent to a prohibited development
7 May, 2024
Section 4.16(4) of the Environmental Planning and Assessment Act 1979 (EPA Act) allows a consent authority to grant either total or partial consent to a development application, by granting development consent to either: the development for which the consent is sought,…
A guide on powers of entry: residential premises
18 Apr, 2024
Authorised Council officers are given broad powers to enter and search premises under a range of legislation, including the Environmental Planning and Assessment Act 1979 (EPA Act), the Local Government Act 1993 (LG Act) and the Protection of the Environment…
The State Government is restructuring certain government departments including the Department of Planning and Environment (DPE). The division of responsibilities of the DPE is to be reallocated amongst other departments as set out below. The proposed changes are set out…
Note: This blog was first published in January 2013. It has been updated to reflect changes in the law since then. Resident objectors have a unique role in development appeals in Class 1 of the Land & Environment Court’s jurisdiction….
New approach to calculating fees for development as ‘estimated development costs’ – commencing 4 March 2024
28 Sep, 2023
The NSW government recently introduced a new approach to development costs in response to the Independent Commission Against Corruption’s Operation Dasha report, which recommended changes to improve transparency and reduce the risk of corruption. The Environmental Planning and Assessment Amendment…
Reminder: The modification of a development consent is not the ‘grant of a development consent’
19 Sep, 2023
The power of a consent authority to modify a development consent is set out at sections 4.55 (for modification of consents generally) and 4.56 (for modification of consents granted by the Court) of the Environmental Planning and Assessment Act 1979…
New planning controls to encourage the installation of electric vehicle charging units in NSW
20 Mar, 2023
According to the NSW Electric Vehicle Strategy (2021), electric vehicle sales are projected to increase to 52% of total vehicle sales by 2030-31, making it crucial to establish more electric vehicle charging locations across the state. To address the likely…
On 25 October 2022, in conjunction with the Federal Budget, the Federal Government announced the ‘National Housing Accord‘. The Accord represents a national initiative to address the supply and affordability of housing. The Government’s stated aim is ‘align for the…
Lapsing of Consents for Staged Developments
6 Apr, 2022
A recent case has illustrated the importance of closely interpreting conditions in consents for staged developments not only for compliance purposes, but also to determine what is needed to prevent the development consent from lapsing. Donvito v Hawkesbury City Council [2022]…
The NSW Land and Environment Court has recently confirmed that there is no power for a consent authority to require dedication of land free of cost, even if the developer volunteers to do so, absent a voluntary planning agreement (‘VPA‘)…
ALERT: BASIX Higher Standards on Public Exhibition
18 Nov, 2021
Proposed increases to Building Sustainability Index (‘BASIX‘) requirements have just been released by the DPIE for public consultation (‘Higher Standards‘). The consultation period closes on 17 January 2022. BASIX is a scheme created by the Environmental Planning and Assessment Regulation…