Category: Local Government Planning & Environment Law

News

Development of flood prone land: Rothshire Pty Ltd v Fairfield City Council [2021] NSWLEC 1649 (12 November 2021)
POSTED: 23 Dec 2021
Local Government Planning & Environment Law
The Land and Environment Court, with Commissioner Chilcott presiding, has recently refused a development application for the subdivision of one lot into two lots, associated internal fencing, landscape and stormwater works on the land at 5 Ravenswood Street, Canley Vale.
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News

Commencement of the Housing SEPP
POSTED: 22 Dec 2021
Local Government Planning & Environment Law
We had previously reported on the proposed changes set out in the public consultation draft of State Environmental Planning Policy (Housing) 2021 (“Housing SEPP”) and the manner in which those draft provisions were required to be taken into consideration by consent authorities in determining development applications prior to it coming...
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News

Rob Stokes announces new Minister’s Planning Principles and SEPP Consolidation
POSTED: 21 Dec 2021
Local Government Planning & Environment Law
In one of his final acts as Minister for Planning and Public Spaces, Rob Stokes released a new thematic framework embodied in nine focus areas known as the “Minister’s Planning Principles”.
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News

Another decision on the power to amend modification applications (and now BIC applications): Scarf v Shoalhaven City Council [2021] NSWLEC 128
POSTED: 16 Dec 2021
Local Government Planning & Environment Law
Following the decision of the NSW Court of Appeal (“CoA”) in the case of AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces [2021] NSWCA 112 (“AQC Dartbrook”), clause 121B was inserted into the Environmental Planning and Assessment Regulation 2000 (“EP&A Regulation) to provide an express power...
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News

Liverpool City Council Thank You Gala Dinner
POSTED: 15 Nov 2021
Charity/Community, Local Government Planning & Environment Law
Last Friday night, Peta, Jisella and Alicia from our Land and Environment department attended Liverpool City Council Australia's Thank You Gala Dinner. All funds raised on the night went to The Salvation Army in Liverpool and CAN – Italian Australian Services to help them continue their work in the...
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News

Land & Environment Virtual Seminar
POSTED: 13 Oct 2021
Local Government Planning & Environment Law
Last Friday, our Local Government, Planning & Environmental Law department delivered a virtual Seminar to a number of staff at Burwood City Council who are involved in instructing and giving evidence on Land & Environment Court Proceedings.
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News

Modifying Conditions of Consent Requiring the Payment of Monetary Contributions
POSTED: 08 Oct 2021
Local Government Planning & Environment Law
We have previously reported on the decision of the NSW Court of Appeal (“CoA”) in the case of AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces [2021] NSWCA 112 and the subsequent introduction of clause 121B into the Environmental Planning and Assessment Act 1979, which our...
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News

Amendments to the Flood Planning Provisions of Local Environmental Plans
POSTED: 27 Sep 2021
Local Government Planning & Environment Law
On 14 July 2021, the Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021 (the Amendment (Flood Planning) Order) came into force. The Amendment (Flood Planning) Order had the effect of inserting a compulsory clause 5.21 (Flood planning) and an optional clause 5.22 (Special flood considerations) into the Standard Instrument.
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News

Lodging Amended Plans on the NSW Planning Portal
POSTED: 24 Sep 2021
Local Government Planning & Environment Law
There have been a number of unforseen consequences as a result of comments made in June of this year by Chief Justice Preston in the Court of Appeal matter of AQC Dartbrook Management,including changing the way development applications and modification applications the subject of appeals in the Land and Environment...
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News

Taking into Consideration the Draft NSW Housing SEPP
POSTED: 23 Sep 2021
Local Government Planning & Environment Law
Following recent exhibition, the Draft Housing State Environmental Planning Policy (SEPP Housing) is now a draft instrument that must be taken into consideration when assessing development applications. This article explores some of the proposed amendments to provisions applying to boarding house development which are scheduled to come into force in...
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