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The Development Site

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.

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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NSW Planning Act Reform – January 2026

January 31, 2026.Reading time less than 1 minute.

Access a concise summary of the planning reforms introduced in January 2026.

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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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