Reform of the Environmental Planning and Assessment Act 1979
The Environmental Planning and Assessment Amendment Bill 2017 proposes significant changes to planning law in NSW.
Read MoreAuthor: 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 date of deemed refusal
In the recent case of Corbett Constructions Pty Ltd v Wollondilly Shire Council, the New South Wales Land and Environment Court considered what date a development application was taken to be refused – that is, the date of deemed refusal.
Read MoreLegal classification of development
How does the legal classification of development impact on the approval process?
Read MoreValidity of conditions of consent
A condition of consent may be valid or invalid. Understanding the requirements for a valid condition of consent is important – an invalid condition can jeopardise an entire development consent.
Read MoreWhat is the difference between “building work” and “subdivision work”?
The difference between “building work” and “subdivision work” is an ongoing consideration for accredited certifiers and developers.
Read MoreInterpreting a condition of consent
A strict interpretation of development consents could lead to absurd consequences – and the Land and Environment Court knows it.
Read MoreWhen can Council impose section 94 conditions on a development consent?
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?
Read MoreWhen does the category for the rating of land change?
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.
Read MoreThe difference between prohibitions and development standards
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 