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 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
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
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
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
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
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
A contentious issue in the compulsory acquisition of land in NSW is whether a dispossessed owner can claim, in addition to other heads of compensation, the stamp duty and financial
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
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