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REMINDER: Footpath hazards – when is a Council protected from Liability under the Civil Liability Act?
In a recent decision, the District Court found that a Council was not liable to a plaintiff who had tripped on a raised paver in a park in Redfern. This case is a useful reminder of the various protections councils…
NCAT Affirms decision of the Commissioner for Fair Trading to disqualify a Registered Certifier for 10 years
The NSW Civil and Administrative Tribunal recently affirmed a decision by the Commissioner for Fair Trading (Commissioner) to cancel a certifier’s accreditation and disqualify him for being registered for a period of 10 years. The Commissioner’s decision followed several instances…
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: Restructuring of the Department of Planning and Environment
The State Government is restructuring certain government departments including the Department of Planning and Environment (DPE). The division of responsibilities of the DPE is to be reallocated amongst other departments as set out below. The proposed changes are set out…
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….
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…
When is an easement ‘reasonably necessary’ to access landlocked land?
In a recent Supreme Court decision, the Court exercised its discretion to impose an easement over the defendant’s land to provide access to landlocked land, after the defendant constructed a gate to prevent informal access. The plaintiffs had used the informal…
LEC upholds approval of Narrabri Coal Mine Extension as legally reasonable
In a significant recent decision, the Land and Environment Court (LEC) upheld the Independent Planning Commission of NSW’s (IPC) approval for an extension of the Narrabri Underground Mine (Mine) as legally reasonable. Background The proceedings were brought by Bushfire Survivors…
Lack of Supply of Social and Affordable Housing in NSW: Reforms to Planning Laws and Strategies
Over the past month, there has been significant discussion on potential reforms that may best respond to the continuing issue of the lack of affordable housing in NSW, and the further projected demand for housing across the next 5 to…
Deadlines in Gateway Determination do not effect validity of LEP
In a recent decision the Land & Environment Court considered a range of challenges to various decisions arising from a planning proposal to rezone land by amending the Bega Valley Local Environmental Plan 2013 (Amending LEP). The proceedings were brought…
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