Planning and Environment
Planning Update – Environmental Planning and Assessment Regulation 2021 (NSW)
On 25 November 2022, the Environmental Planning and Assessment Regulation 2021 (NSW)(EPA Regulation) was amended by way of the Environmental Planning and AssessmentAmendment (Miscellaneous) Regulation (No 2) 2022 (Amendment Regulation). Summarised below are the...
No VPA, No Worries – Dedication of land for a road without a VPA
On 2 March 2023, Commissioner Horton handed down the decision in the matter of Urban Apartments Pty Ltd v Penrith City Council [2023] NSWLEC 1094. Commissioner Horton accepted that consent for a development application for subdivision that incorporates a proposal to...
What Constitutes the Making of a Development Application?
What Constitutes the Making of a Development Application? The date on which a development is properly made is important when dealing with transitional and savings provisions relating to the repeal and replacement of environmental planning instruments (SEPPs, LEPs),...
Court Rejects Bias Allegations Against Local Planning Panel
Court Rejects Bias Allegations Against Local Planning Panel In the recent case of Seek Justice Pty Ltd v Minister for Planning [2022] NSWLEC 127, the applicant sought to challenge the determination of the Blue Mountains Local Planning Panel (Panel) in relation to an...
Changes to Local Planning Panels in NSW
Changes to Local Planning Panels in NSW The Minister for Planning has issued a new direction to Local Councils in relation to the constitution and operation of Sydney District and Regional Planning Panels and Local Planning Panels in NSW, which takes effect on 24...
The New Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021
Following concerns raised by multiple stakeholders, a review of the Environmental Planning and Assessment Regulation 2000 (2000 Regulation) was prompted by the Department of Planning Industry & Environment (The Department). Amongst the many changes, the Department...
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...
