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“Single Proposed Development” and Likely Impacts in the Context of State Significant Development
It is not unusual for proponents of major development and infrastructure projects to have to grapple with the question of whether an ancillary, albeit necessary, piece of infrastructure for the project, such as a road, electricity transmission line, or a…
ICAC’s guide on how to manage conflict of duties
The Independent Commission Against Corruption (ICAC) has issued a guide to assist public officials and agencies in identifying and managing conflicts of duties. The guide relates to conflicts of duties, not conflicts between a public duty and a personal or…
UPDATE – New planning circular addressing flood risk in planning decisions
On 1 March 2024, the Department of Planning, Housing and Infrastructure (Department) published Planning Circular PS 24-001 (Circular). The Circular provides an outline on the existing flood-related planning policies and provides further advice and information on flood matters for planning…
Inquiry into ‘Zombie Developments’ in NSW & Call for Submissions
Yesterday, the NSW Legislative Assembly Committee on Environment and Planning announced a call for submissions as part of the Committee’s inquiry into historical development consents in New South Wales (Inquiry). Historical development consents have recently been termed ‘zombie developments’ and…
Do special executive liability provisions extend to council officers?
In a recent NSW Land and Environment Court decision, the Court rejected an appeal against a decision of the Local Court to stay a prosecution against a former General Manager of a regional Council. In doing so, the Court took…
Protection for Councils’ Domestic and Waste Management Services Employees
On 15 December 2023, the Local Government (General) Regulation 2021 (LG Reg) was amended by the Local Government (General) Amendment (Tendering) Regulation (No 2) 2023 (Amending Regulation) to protect the employment of workers who provide domestic and waste management services contracts….
Alert: In-Fill Affordable Housing and Amendment of the Housing SEPP
Amendments to the State Environmental Planning Policy (Housing) 2021 (Housing SEPP) which were announced by the NSW Government in June 2023, came into effect yesterday, 14 December 2023 with the making of the State Environmental Planning Policy Amendment (Housing) 2023…
New NSW Coastal Design Guidelines and Coastal Crown Land Guidelines
The Department of Planning and Environment (Department) recently published the NSW Coastal Design Guidelines 2023 (Coastal Design Guidelines) and the Coastal Crown Land Guidelines 2023 (Coastal Crown Land Guidelines). Coastal Design Guidelines We previously discussed a draft of the Coastal…
Managing resident expectations in planning appeals – 2023 Update
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 Flood Risk Management Manual: Liability implications
Introduction On 10 November 2023, the Environmental Planning and Assessment Amendment (Flood Planning) Regulation 2023 (EPA Reg Amendment) was published on the NSW legislation website. It amended the Environmental Planning and Assessment Regulation 2021 (EPA Reg) and replaced references to the Floodplain…
Easements by prescription: What Constitutes Permission by a Servient Landowner?
In the recent NSW Supreme Court decision of Maloney v Putu Pty Ltd [2023] NSWSC 1148, the Court granted an easement by prescription over the defendant’s land to formalise the plaintiff’s right to use an access road which the plaintiff,…
New approach to calculating fees for development as ‘estimated development costs’ – commencing 4 March 2024
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…
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