In a recent s94 case, Pepper J addressed the following questions: Proposed retention of a heritage item – Whether there is a material public benefit involved that should be taken into account under s94(6) of the Environmental Planning and Assessment…
LEC remarks that road dedications can only be conditioned under s94 and pursuant to a contributions plan
30 Jan, 2013
Remarks made by Craig J in Australian International Academy of Education Inc v The Hills Shire Council [2013] NSWLEC 1 in Class 1 of the Land and Environment Court’s jurisdiction indicate that even if a developer offers to dedicate land…
Kempsey Shire Council v M A Roche Group Pty Ltd [2012] NSWLEC 211 demonstrates that the Court may not only use external documents to aid in the interpretation of a development consent condition, but may also incorporate provisions of such documents into…
A new Ministerial direction on local infrastructure contributions took effect on and from 28 August 2012 (Direction) to increase the cap on contributions for certain land from $20,000 to $30,000.
Development Contributions & The Carbon Tax
6 Aug, 2012
In simple terms, the mechanisms established by the Clean Energy Act 2011 (Cth) to deal with climate change include establishing thresholds for greenhouse gas emissions and imposing unit shortfall charges measured in carbon units for emissions that exceed the threshold. This is what is commonly referred…
Introduction In North Western Surveys Pty Limited v Penrith City Council [2012] NSWLEC 1017, Dixon C in the Land and Environment Court upheld an appeal by a developer against development consent conditions imposed by the Council that the Court held…
Section 94 credits for previous development
28 Oct, 2011
On 14 October 2011, Commissioner Tuor in the Land and Environment Court handed down her decision in Meriton Apartments Pty Ltd v Council of the City of Sydney [2011] NSWLEC 1294. The case involved an appeal by Meriton against a decision…
A recurring issue for consent authorities, particularly councils, is whether development consent may be granted to development subject to a condition imposed under s80A(1)(f) of the EPA Act requiring a public work to be carried out by the developer if the…
Increasingly, it seems, the NSW Department of Planning requires councils to submit draft contributions plans to the Department or IPART for approval before being made. However, no such requirements are imposed on councils by the EPA Act or the EPA Regulation.
The No Man’s Land of s94 Contribution Planning
8 Mar, 2011
The NSW Government is now in caretaker mode pending the election on 26 March 2011. It has gone to the election without new Part 5B of the Environmental Planning and Assessment Act 1979 having commenced. Part 5B is set out in…
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…