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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.

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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Costs in Compulsory Acquisition – UPG 72 v Blacktown City Council (No 2)

July 27, 2025.Reading time 6 minutes.

Even where a landowner fails to beat the Valuer-General’s determination, the Court may still award them costs.

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Heritage Foreshore Showdown – Inner West Council v XYZ Services Pty Limited

July 18, 2025.Reading time 11 minutes.

This decision delivers some reminders when dealing with variation requests, development within the foreshore, owner’s consent, and the ways in which the Court will consider controls within local environmental plans.

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