Exploring planning, environment, and local government law issues in New South Wales
Author: Alyce Kliese
Alyce is a civil engineer and a practicing lawyer, who has a desire to share her insights on the legal and practical realities of the development industry.
The Environmental Planning and Assessment Act 1979 (EPA Act) has been amended to enable the Minister of Planning to make orders and authorise development without the need for any approval. At 8 May 2020, seven such orders have been made.
The judgment of Coorey v Municipality of Hunters Hill provides us with the appropriate considerations for determining whether a development application should be characterised as “additions and alterations” or an application for “a new building”.
The judgment of Tenacity Consulting v Warringah Council provides us with a four step assessment process to be used when making planning decisions with respect to view sharing.
In a judgment handed down at the end of 2019, the Court reiterated the principles set down in Stockland Development Pty Ltd v Manly Council regarding the consideration of development control plans.