Publication of SEPPS and LEPS

February 3, 2021.Reading time 3 minutes.

There have been some recent changes to how the public is notified about new planning instruments on the NSW Government website.

Landscaping to protect privacy – Super Studio v Waverley Council

January 20, 2021.Reading time 2 minutes.

The judgment of Super Studio v Waverley Council provides us with the planning principle in relation to the use of landscaping to protect privacy.

Plans of Management – Renaldo Plus 3 Pty Limited v Hurstville City Council

January 13, 2021.Reading time 9 minutes.

What questions should be considered in relation to whether a Plan of Management is appropriate for a particular situation?

Lapsing of development consents – Cando v Cumberland Council

January 4, 2021.Reading time 6 minutes.

In Cando Management and Maintenance Pty Ltd v Cumberland Council, the New South Wales Court of Appeal considered whether a development consent had lapsed.

Owners Consent Requirements – Stokes v Waverley Council

December 31, 2020.Reading time 7 minutes.

In Stokes v Waverley Council, the Land and Environment Court reiterated that a consent authority may issue a development consent that includes conditions requiring works to be undertaken on adjoining land.

Minimum lot sizes under SEPPs – UPG v Blacktown City Council

December 30, 2020.Reading time 14 minutes.

On 9 June 2020 the Court of Appeal handed down a decision which considered the interaction of minimum lot size clauses across two State Environmental Planning Policies.

Enforcement action by local councils – The EPA Act

December 30, 2020.Reading time 5 minutes.

What powers do local councils have when it comes to enforcement under the EPA Act?

When work is “Physically Commenced”?

November 9, 2020.Reading time 5 minutes.

In some instances a development consent will not lapse if building, engineering or construction work relating to the building, subdivision or work is “physically commenced”. What does this mean exactly?