Publications
Project Lawyers produce a range of publications in their specialist areas of expertise designed to keep you informed about legal developments potentially relevant to your project, business or personal affairs. These publications are for general information purposes only. Please contact our team should you require any information regarding the contents of these publications.
RECENT PUBLICATIONS
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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...
Resolving Doubts in Favour of the Dispossessed – When the Principles of ‘Caruso’ are Engaged
The decision of Sydney Water Corporation v Caruso [2009] NSWCA 391 is authority for the general principle that, in determining compensation payable to a dispossessed owner, doubts should be resolved in favour of a more liberal estimate. It is a principle which is...
Land Tax Claims under the Just Terms Act
Sale contracts for property typically make provision for the adjustment of land tax, amongst numerous other adjustments, for the purposes of ensuring that the property is transferred free of any tax or charge against the incoming purchaser. Where land is compulsorily...
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...
The Band Plays On – Physical Commencement under the EPA Act
In the Land and Environment Court decision of Sally-Anne Maree Fagin v Australian Leisure and Hospitality Group Pty Limited [2017] NSWLEC 59, handed down recently, the Applicant sought to shut down the playing of live music at a nearby Hotel on the grounds that the...
