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…
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‘).
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…
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).
In our previous post on 28 June (Uncertainty about “equivalent zones” under the Affordable Rental Housing SEPP), we advised that two Commissioners of the Court had taken a different approach to that of Commissioner Tuor in relation to the question…
In two recent cases, Commissioners Morris (Chehade v Bankstown City Council [2012] NSWLEC 1122) and O’Neill (Chami v Bankstown City Council [2012] NSWLEC 1120) decided that the Residential 2(a) zone in Bankstown is not equivalent (within the meaning of cl5(1)(a) State Environmental…
Councils should note that the State Environmental Planning Policy (Infrastructure) 2007 (Infrastructure SEPP) was amended on 17 February 2012 so that any person can carry out development for the purpose of a new educational establishment with consent in certain prescribed zones.
In Hoxton Park Residents Action Group Inc v Liverpool City Council [2011] NSWCA 349, the NSW Court of Appeal upheld a challenge to the validity of a development consent and made some interesting findings about the consent authority’s obligation to…