Exploring planning, environment, and local government law issues in New South Wales
The recent decision of Burns v Queanbeyan-Palerang Regional Council provides a concise summary of the principles to consider when appealing a judgment of the Land and Environment Court.
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What are “Class 1” proceedings, who are typically involved, and what will the Court require of the parties?
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Recent changes to the Environmental Planning and Assessment Regulation could create uncertainty as to when an application is considered to be “lodged”.
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The annual report highlights an increase in complaints and also shines a light on investigations into some councils which provide timely reminders for all.
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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.
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The recent decision of Sader v Elgammal provides some timely comments from the Court regarding consistency between development consents and construction certificates.
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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.
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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.
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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.
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When a local council and an applicant are in disagreement, the Court has the power to determine whether a consent has lapsed (or not).
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The Development Site 