When is a development application “lodged”?
Recent changes to the Environmental Planning and Assessment Regulation could create uncertainty as to when an application is considered to be “lodged”.
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.
NSW Ombudsman Annual Report – spotlight on local councils
The annual report highlights an increase in complaints and also shines a light on investigations into some councils which provide timely reminders for all.
Read MoreObjectives of the zone – Kool Family Developments v City of Ryde Council
The decision of Council of the Kool Family Developments Pty Ltd v City of Ryde Council provides a reminder that objectives of the zone are a relevant consideration when considering the merits of a development application.
Read MoreConsistencies between DAs and CCs – Sader v Elgammal
The recent decision of Sader v Elgammal provides some timely comments from the Court regarding consistency between development consents and construction certificates.
Read MoreWriting Orders Clearly and Unambiguously: Lessons from Ballina Shire Council v Joblin
In the case of Ballina Shire Council v Joblin [2022] NSWLEC 90, the Land and Environment Court of New South Wales underscored the paramount importance of drafting clear and unambiguous orders.
Read MoreLegalities of CDCs – Council of the City of Ryde v Network Developments NSW
The decision of Council of the City of Ryde v Network Developments NSW provides a warning to those obtaining complying development certificates (known as CDCs). In particular, it is critical that the lawfulness of issuing a CDC is considered at the date of issue.
Read MoreWhat is a “building” – Ballina Shire Council v Joblin
In a decision delivered by the Court on Friday 22 July, the Court considered the meaning of “building” in the context of a development control order.
Read MoreLapsing of development consents – Donvito v Hawkesbury City Council
When a local council and an applicant are in disagreement, the Court has the power to determine whether a consent has lapsed (or not).
Read MoreVoluntary Planning Agreements – Who, What, When, Where, Why?
A quick crash course on the basics of voluntary planning agreements.
Read MoreLooking into the crystal ball – Parrot v Kiama Municipal Council
The judgment of Parrot v Kiama Municipal Council provides guidance with respect to development applications for subdivision, and when we may need to consider the impacts of future development on the land (like houses or other structures).
Read More
The Development Site 