Exploring planning, environment, and local government law issues in New South Wales
Council’s will often impose conditions on a development consent that require a developer to provide monetary or infrastructure contributions – but can these conditions be legally imposed?
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The recent Land and Environment Court case of Karimbla Properties v Council of the City of Sydney has found that land can be recategorised for rating purposes once a developer undertakes activities which implement a development consent for the new use.
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The difference between a development standard and a prohibition in an environmental planning instrument was revisited in Principal Healthcare Finance Pty Ltd v Council of the City of Ryde.
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The Development Site 