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.
In a recent Land and Environment Court decision, JS Architects Pty Ltd v Randwick City Council, the Court clarified how minimum lot size controls should be applied when assessing strata subdivisions.
As demonstrated by the recent decision in Bowie Ferris Investments Pty Ltd v Woollahra Municipal Council, heritage listings can also present significant challenges, particularly when the use of a building is integral to its heritage value.
In a recent judgment, the NSW Land and Environment Court clarified some important considerations that must be adhered to when drafting and defending conditions of consent. Here are five lessons every local council should consider.
The key phrases of the judgment reference “substantial non-compliant excavation and building works,” yet, like many similar cases, it leaves the full extent of these issues open to interpretation.
In this recent decision, the Land and Environment Court highlighted a critical issue in development assessment – late-stage changes to a development application.
The legal interpretation of what constitutes a “road” plays a significant role in property development, particularly when access roads serve adjacent structures in zones with distinct planning constraints.