Development applications, consents, planning instruments and environmental law in NSW — including clause 4.6 requests, local planning panels, SEPPs and the Environmental Planning and Assessment Act 1979.
On 14 December 2023, in-fill affordable housing reforms were introduced into the State Environmental Planning Policy (Housing) 2021 to encourage private developers to boost affordable housing. A key reform is
On 25 November 2022, the Environmental Planning and Assessment Regulation 2021 (NSW) was amended by the Environmental Planning and Assessment Amendment (Miscellaneous) Regulation (No 2) 2022. This article summarises the
In Urban Apartments Pty Ltd v Penrith City Council [2023] NSWLEC 1094, Commissioner Horton accepted that consent for a subdivision development application incorporating a proposal to dedicate roads under section
The date a development application is properly ‘made’ is critical when transitional and savings provisions apply following the repeal and replacement of environmental planning instruments, determining whether the application is
In Seek Justice Pty Ltd v Minister for Planning [2022] NSWLEC 127, the applicant challenged a determination of the Blue Mountains Local Planning Panel concerning an ‘ultra-trail’ running event around
The Minister for Planning has issued a new direction to local councils regarding the constitution and operation of Sydney District and Regional Planning Panels and Local Planning Panels in NSW,
In Artmade Architectural Pty Ltd v The Hills Shire Council [2021] NSWLEC 1712, Project Lawyers acted for the applicant, Artmade Architectural Pty Ltd, in an appeal under section 8.7(1) of
Following stakeholder concerns, the Department of Planning, Industry & Environment reviewed the Environmental Planning and Assessment Regulation 2000 (NSW). Among the changes, the Department separated the provisions made under Part
In AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces [2021] NSWCA 112, the NSW Court of Appeal considered an application to intervene in proceedings, but Preston
The NSW Department of Planning, Industry and Environment adopted a ‘Planning Reform Action Plan’ introducing a new class of merit-based appeals in the Land and Environment Court for planning proposals,
The development and construction sectors are key drivers of investment and employment in NSW and vital to economic recovery following the COVID-19 crisis. In late 2019, reforms were already planned
After several reprieves, interim occupation certificates became obsolete on 1 December 2019 with the commencement of amendments to Part 6 of the Environmental Planning and Assessment Act 1979 (NSW) under
Clause 4.6 variation requests under Local Environmental Plans are relied upon where a development application contravenes a local development standard. A consent authority, or a Court acting in that capacity,
Prior to 1 March 2018, the Environmental Planning and Assessment Act 1979 (NSW) provided for two types of occupation certificate – ‘interim’ and ‘final’. An interim occupation certificate allowed occupation
The ‘amber light’ approach adopted by the Land and Environment Court involves an interim judgment that stops short of outright refusal but identifies concerns which, if addressed by amendment, could
The conservation incentive provisions in clause 5.10 of the Standard Instrument – Principal LEP, adopted in all Local Environmental Plans, are intended to facilitate the conservation and maintenance of heritage
The conservation incentive provisions in clause 5.10 of the Standard Instrument – Principal LEP, adopted across all Local Environmental Plans, aim to facilitate conservation and maintenance of heritage items while
Imposing conditions of consent is a routine part of the NSW planning process. Generally, conditions imposed under section 80A of the Environmental Planning and Assessment Act 1979 (NSW) must have
Existing use rights do not necessarily apply to an entire allotment; it depends on considerations including whether the original lawful use applied to the whole allotment and whether parts were
In Sally-Anne Maree Fagin v Australian Leisure and Hospitality Group Pty Limited [2017] NSWLEC 59, the applicant sought to stop live music at a nearby hotel on the ground it
Development consents must be framed in clear terms so that beneficiaries, successors in title and the public know what has been approved. Complex interpretation problems arise where a consent is
In Rudder Developments Two Pty Ltd v Inner West Council [2017] NSWLEC 1132, the Land and Environment Court upheld the planning principle that where proposed allotments are smaller than usual,
In Luxe Manly Pty Limited v Northern Beaches Council [2017] NSWLEC 156, the Land and Environment Court dismissed an appeal under section 56A of the Land and Environment Court Act
The conservation incentive provisions in clause 5.10 of the Standard Instrument – Principal LEP (2006), adopted in all Local Environmental Plans, aim to facilitate the conservation and maintenance of heritage
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