We previously blogged on the recent Court of Appeal decision in Ross v Lane [2022] NSWCA 235, in which the Court held that the application of SEPP 65 to a particular DA was not a “jurisdictional fact” capable of objective determination by…
The NSW Government has finalised a number of planning reforms to help facilitate tourism activities on existing commercial farms, intended to increase their financial resilience to natural disasters and other adverse events. The changes include a number of new exempt…
Court considers when a DA is ‘not yet determined’ under the savings provisions of Housing SEPP
18 Aug, 2022
The meaning and effect of savings provisions in environmental planning instruments is often contentious. In many cases, the question of whether a particular application is “saved” has significant and meaningful consequences. A recent decision of the Land and Environment Court…
Exhibition of the Draft Coastal Design Guide
4 Aug, 2022
On 29 July 2022, the Department of Planning and Environment (‘DPE‘) released the draft NSW Coastal Design Guidelines (‘Draft Guidelines‘) for public consultation. The Draft Guidelines are intended to replace the current NSW Coastal Design Guidelines 2003, and have been…
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…
A draft State Environmental Planning Policy (Housing) 2021 (Housing SEPP), together with a draft Environmental Planning and Assessment Amendment (Housing) Regulation 2021 (Proposed Regulation) and draft Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021 (Proposed Standard Instrument), has been released…
In response to the impacts of the bush fire crisis, the NSW Government has now made amendments to the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 (‘Caravan Regulations’) in addition to the Local…
Infrastructure SEPP amendments commence – additional consultation requirements for certain activities
3 Oct, 2018
On 31 August 2018, a range of changes to State Environmental Planning Policy (Infrastructure) 2007 (‘Infrastructure SEPP‘) came into force following the commencement of the State Environmental Planning Policy (Infrastructure) Amendment 2018 (‘2018 Amendments‘).
New Primary Production and Rural Development SEPP
28 Nov, 2017
The Department of Planning and Environment (DPE) is currently seeking submissions on proposed changes to the existing planning controls governing primary production and rural development. The proposed changes are set out in the Primary Production and Rural Development – Explanation of…
The Land and Environment Court has recently been required to balance the public interest against private interests in the context of a marina development. The decision has reinforced the Court’s earlier test that in the context of the State Environmental Planning Policy Sydney…
Exempt development under Infrastructure SEPP
5 Nov, 2013
The recent decision of the Land & Environment Court in Woodhouse v City of Sydney Council [2013] NSWLEC 182 considers the way in which the exempt development provisions in the State Environmental Planning Policy (Infrastructure) 2007 (ISEPP) operate.
We previously reported on a number of cases in which permissibility of boarding house development has turned on the question of the ‘zone equivalence’ test in cl5(1)(b) of State Environmental Planning Policy (Affordable Rental Housing) (SEPP ARH).