Deferred Commencement Conditions: When Can They Be Used?
They are useful, but they are also frequently misunderstood.
Read MoreExploring planning, environment, and local government law issues in New South Wales
They are useful, but they are also frequently misunderstood.
Read MoreThis decision shows when a council can refuse to deal with a repeat GIPA application where the same information has already been considered.
Read MoreThis case explains how agencies should assess whether dealing with a GIPA request would require an unreasonable and substantial diversion of resources.
Read MoreLegal professional privilege remains a powerful reason to refuse access under the GIPA Act, including where the advice comes from in-house council lawyers.
Read MoreTwo common GIPA issues are considered – what counts as reasonable searches for documents, and how legal professional privilege applies.
Read MoreWhen information is released, it is treated as disclosure to the public at large, not just to the person who made the application.
Read MoreCan you consolidate lots, redraw them, and still call it a “boundary adjustment”? The Land and Environment Court says no.
Read MoreA dispute over whether a development consent had lapsed turned on the precise wording of a deferred commencement condition.
Read MoreA modification approval unravelled after the Court found the council assessed it under the wrong DCP.
Read MoreIn the first decision interpreting the Recognise Country Guidelines, the Court confirmed that Aboriginal cultural heritage considerations must meaningfully inform a development’s design at DA stage.
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