Category: Local Government Planning & Environment Law

News

Characterisation: Is a pharmacy inside a medical complex a shop?
POSTED: 21 Sep 2023
Local Government Planning & Environment Law
This article originally appeared in New Planner – the journal of the New South Wales planning profession – published by the Planning Institute of Australia. For more information, please visit: www.planning.org.au/news/new-­‐planner-nsw
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News

Is compliance with a development standard a jurisdictional fact?
POSTED: 13 Jun 2023
Local Government Planning & Environment Law
The recent case of El Khouri v Gemaveld Pty Ltd [2023] NSWCA 78 (“El Khouri”) concerned a challenge to the validity of a development consent granted by a Commissioner of the Land and Environment Court (“LEC”) in accordance with an agreement reached between parties to a Class 1 appeal under...
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News

Willoughby City Council v Blanc Black Projects Pty Limited [2023] NSWLEC 54
POSTED: 13 Jun 2023
Local Government Planning & Environment Law
In a recent decision of Justice Robson in Willoughby City Council v Blanc Black Projects Pty Limited [2023] NSWLEC 54 regard was had to the effect relevant provisions of a local environmental plan had when imposing conditions for contributions for affordable housing under section 7.32(3)(b) of the Environmental Planning and...
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News

Dedication of Land as Public Road
POSTED: 19 Apr 2023
Local Government Planning & Environment Law
In June 2022, we wrote about a decision of Justice Duggan in the Land and Environment Court which confirmed that the only source of power to impose a condition of consent relating to the dedication of land was pursuant to either section 7.11 (contributions) or 7.4 (planning agreements) of the...
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News

The return of written owner’s consent
POSTED: 19 Apr 2023
Local Government Planning & Environment Law
Since changes made to the Environmental Planning and Assessment Regulation 2000 on 1 July 2020, development applications and modification applications have not been required to be accompanied by written owner’s consent.
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News

Doyles Guide 2023 listing of leading Town Planning and Development Lawyers and Law Firms
POSTED: 18 Apr 2023
Charity/Community, Local Government Planning & Environment Law
The Doyles Guide 2023 listing of leading Town Planning and Development Lawyers and Law Firms in the NSW legal market who have been identified by clients and peers for their expertise and abilities in these areas, was released this week.
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News

New Water Catchment Provisions
POSTED: 22 Mar 2023
Local Government Planning & Environment Law
The provisions of a large number of longstanding State environmental planning policies (“SEPPs”) and regional environmental plans were transferred into a handful of new SEPPs as of 1 March 2022 as part of the NSW Government’s SEPP consolidation program.
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News

Casula Hotel refused on social impact grounds
POSTED: 21 Oct 2022
Local Government Planning & Environment Law
On 23 September 2022, the decision of Senior Commissioner Dixon was handed down in the matter of Iris Hotels Casula Property Pty Ltd v Liverpool City Council [2022] NSWLEC 1520. Marsdens Law Group represented Liverpool City Council in the proceedings.
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News

BASIX Certificates No Longer Required for Large Boarding Houses
POSTED: 20 Oct 2022
Local Government Planning & Environment Law
The Environmental Planning and Assessment Regulation 2021 (“EP&A Regulation 2021”) commenced on 1 March 2022 and applies to development applications submitted on or after this date instead of the former Environmental Planning and Assessment Regulation 2000 (“EP&A Regulation 2000”).
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News

Deferred commencement consents in the COVID-19 “prescribed period”: Norman v Central Coast Council [2022] NSWLEC 120
POSTED: 20 Oct 2022
Local Government Planning & Environment Law
On 12 October 2021, the Council granted a development consent for a rural subdivision and the construction of dwellings on the resultant lots, subject to a deferred commencement condition. The condition relevantly limited the period within which the Applicant was required satisfy the Council as to the matters specified in...
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