Exploring planning, environment, and local government law issues in New South Wales
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.
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The recent decision in Petersham High Pty Ltd v Inner West Council offers insights into the use and assessment of clause 4.6 variation requests.
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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.
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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.
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In this recent decision, the Land and Environment Court highlighted a critical issue in development assessment – late-stage changes to a development application.
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Expert evidence – and the clarity of its reasoning – can play a critical role in determining heritage outcomes.
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In the recent judgment, the Land and Environment Court tackled a key procedural issue: whether the outcome of a Section 8.2 review is appealable.
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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.
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In the case Nicholas Tang Holdings Pty Limited v Berbic and Wingecarribee Shire Council [2024] NSWLEC 95, the Land and Environment Court invalidated the council’s development consent due to errors in its assessment process.
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The Cameron v Woollahra Municipal Council ruling sets the legal landscape for certifiers, revisiting the pivotal Ralan judgment and its impact on development consents.
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The Development Site 