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…
Exempt and complying development
16 Sep, 2011
The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) specifies types of development which are exempt or complying development. The transitional provisions in the Codes SEPP are to the effect that local controls on
More on ‘Sweetwater’…
31 Aug, 2011
There is more to be said about the decision of Biscoe J in the Land and Environment Court in Sweetwater Action Group Inc v Minister For Planning [2011] NSWLEC 106 (7 July 2011) that was discussed in the In Focus…
Review of SEPP65 and Residential Flat Design Code
28 Jun, 2011
The Department of Planning & Infrastructure (DPI) is seeking comments on the areas of SEPP 65 and the Residential Design Flat Code (RFDC) that need to reviewed or amended. The comments are to guide the preparation of a Discussion Paper…
The Department of Planning is proposing to expand the range of signs that do not require development approval if certain standards are met. A discussion paper has been released by the Department, seeking feedback on the proposed classification of a…
A raft of changes will be made to the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) on 25 February 2011. The proposed changes will increase the area to which the Codes SEPP applies and expand…