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.
A Court of Appeal decision of Bingman Catchment Landcare Group Incorporated v Bowdens Silver Pty Ltd has just redrawn the map for how State significant developments must be assessed—completeness is a non-negotiable.
In the recent judgment of Whites Beach Investments Pty Ltd v Byron Shire Council, the Land and Environment Court addressed whether a development consent issued in 1978 for the erection of a country dwelling had lapsed.
The case C & V Engineering Co Pty Ltd as Trustee for the Pizzolato Settlement v Department of Planning Industry and Environment – Valuer General of NSW [2024] NSWLEC 57 provides important insights into the complexities surrounding land valuation in urban environments, particularly when adjacent to developments like Mascot Towers.
BGP Properties Pty Ltd v Lake Macquarie City Council emphasises the importance of balancing zoning with environmental considerations in planning decisions.
The recent case of Secretary Department of Planning and Environment v Khouzame serves as a reminder of the stringent requirements surrounding the clearing of native vegetation.
The judgment in Gales-Kingscliff Pty Ltd v Tweed Shire Council (No. 2) [2007] NSWLEC 817 underscores the critical need for detailed particulars in Statements of Fact and Contentions.
The recent judgment of CBUS Property Pty Ltd v North Sydney Council highlights the complexities involved in seeking costs in Class 1 proceedings. This judgment provides important insights into the Court’s considerations when determining costs and the implications for local councils and applicants when bringing such motions.