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The Development Site

Exploring planning, environment, and local government law issues in New South Wales

Deferred Commencement Conditions: When Can They Be Used?

March 7, 2026.Reading time 9 minutes.

They are useful, but they are also frequently misunderstood.

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Repeat GIPA Applications – Irvine v Temora Shire Council

March 6, 2026.Reading time less than 1 minute.

This decision shows when a council can refuse to deal with a repeat GIPA application where the same information has already been considered.

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When a GIPA Request Is Too Burdensome – Efremov v NSW Health Administration Corporation

February 27, 2026.Reading time less than 1 minute.

This case explains how agencies should assess whether dealing with a GIPA request would require an unreasonable and substantial diversion of resources.

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Legal Professional Privilege Under GIPA: Curtis v Penrith City Council

February 20, 2026.Reading time less than 1 minute.

Legal professional privilege remains a powerful reason to refuse access under the GIPA Act, including where the advice comes from in-house council lawyers.

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Reasonable Searches and Privilege – McNeill v Clarence Valley Council

February 6, 2026.Reading time less than 1 minute.

Two common GIPA issues are considered – what counts as reasonable searches for documents, and how legal professional privilege applies.

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When GIPA Disclosure Means Disclosure to the World – Adams v Commissioner of Police

November 19, 2025.Reading time less than 1 minute.

When information is released, it is treated as disclosure to the public at large, not just to the person who made the application.

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Meaning of Boundary Adjustment – Vollmer v Port Stephens Council 

October 27, 2025.Reading time less than 1 minute.

Can you consolidate lots, redraw them, and still call it a “boundary adjustment”? The Land and Environment Court says no.

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Deferred Commencement Conditions – Painters Lane Developments Pty Ltd v Central Coast Council

September 17, 2025.Reading time less than 1 minute.

A dispute over whether a development consent had lapsed turned on the precise wording of a deferred commencement condition.

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Assessing a DA Under the Wrong Planning Controls – Ross v Randwick City Council

August 30, 2025.Reading time less than 1 minute.

A modification approval unravelled after the Court found the council assessed it under the wrong DCP.

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First Interpretation of the Recognise Country Guidelines – 170 Willmington Road Pty Ltd v Liverpool City Council

August 23, 2025.Reading time less than 1 minute.

In 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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Founder of TDS

Alyce Kliese is a civil engineer and practicing lawyer, who has a desire to share her insights on the legal and practical realities of the development industry.

Alyce founded The Development Site in 2017 with the aim of writing easy-to-understand articles for professionals who are not legally trained but commonly find themselves engaging with environmental, planning and construction law issues.

Since its creation, The Development Site has provided assistance to more than 25,000 visitors and its following continues to grow each year.

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