Planning and Environment
Is there power to modify a modification application?
The NSW Government has amended the Environment Planning and Assessment Regulation 2000 (NSW) ("EPA Regulation") to expressly allow for the amendment of a modification application prior to determination by a consent authority. The amendment also permits the consent...
Does the Court have a power to amend a modification application?
On 3 June 2021, the NSW Court of Appeal handed down its decision in AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces [2021] NSWCA 112. Whilst the crux of the case related to the determination of an application to join (intervene) the...
New Land and Environment Court Appeal Rights
The Covid-19 Legislation Amendment (Emergency Measures – Miscellaneous) Act 2020 (NSW) ("COVID Act") came into effect on 14 May 2020 and amended the Environmental Planning and Assessment Act 1979 (NSW) ("EPA Act") by doubling the time period for lodging merit appeals...
NSW Planning Reforms: Appealing Planning Proposals and Rezoning Applications
The NSW Department of Planning, Industry and Environment ("Department") has adopted a ‘Planning Reform Action Plan’ ("Action Plan"). The Action Plan introduces numerous changes including a new class of merit-based appeals in the Land and Environment Court for planning...
Changes to Interim Occupation Certificates in NSW
Occupation Certificates prior to amendments to the Act Prior to 1 March 2018, the Environmental Planning and Assessment Act 1979 (NSW) ("the Act") specified two types of occupation certificates (OC) that could be applied for, to permit the occupancy and use of a new...
Court Rejects Challenge to Amber Light Approval
The ‘amber light’ approach adopted by the Land and Environment Court involves the delivery of an interim judgment which falls short of an outright refusal of an appeal, but which identifies elements of concern in the application which, if amended, could result in the...
Conservation Incentive Provisions Under Clause 5.10 – Court Maintains High Threshold
The policy initiative underlying the conservation incentive provisions set out in clause 5.10 of the Standard Instrument - Principal LEP, adopted in all Local Environmental Plans, is relatively straightforward. It is intended to facilitate the conservation and...
Proposed Changes to ‘Staged Development’ under the EPA Act following Decision of the NSW Court of Appeal
The policy initiative underlying the conservation incentive provisions set out in clause 5.10 of the Standard Instrument - Principal LEP, adopted in all Local Environmental Plans, is relatively straightforward. It is intended to facilitate the conservation and...
Court Applies the ‘Newbury Tests’ to Reject Unreasonable Conditions of Consent
The imposition of conditions of consent on development consents is a fairly routine and necessary part of the planning process in NSW. As a general proposition any conditions imposed by a consent authority under s80A of the Environmental Planning and Assessment Act...
Existing Use Rights Deemed to Apply to Entire Site
Existing use rights do not necessarily apply to an entire allotment of land. It will always depend upon a range of considerations, including whether the original use, when lawfully commenced or approved, applied to the entire allotment and whether, in the intervening...
