Interim Heritage Orders
What are Interim Heritage Orders and how can they impact development?
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.
Conditions of Consent – Certifier or Council?
When a condition of consent states that a council is to be satisfied about a matter, it may not always be the council who makes the final decision.
Read MorePublication of SEPPS and LEPS
There have been some recent changes to how the public is notified about new planning instruments on the NSW Government website.
Read MoreLandscaping to protect privacy – Super Studio v Waverley Council
The judgment of Super Studio v Waverley Council provides us with the planning principle in relation to the use of landscaping to protect privacy.
Read MorePlans of Management – Renaldo Plus 3 Pty Limited v Hurstville City Council
What questions should be considered in relation to whether a Plan of Management is appropriate for a particular situation?
Read MoreLapsing of development consents – Cando v Cumberland Council
In Cando Management and Maintenance Pty Ltd v Cumberland Council, the New South Wales Court of Appeal considered whether a development consent had lapsed.
Read MoreOwners Consent Requirements – Stokes v Waverley Council
In Stokes v Waverley Council, the Land and Environment Court reiterated that a consent authority may issue a development consent that includes conditions requiring works to be undertaken on adjoining land.
Read MoreMinimum lot sizes under SEPPs – UPG v Blacktown City Council
On 9 June 2020 the Court of Appeal handed down a decision which considered the interaction of minimum lot size clauses across two State Environmental Planning Policies.
Read MoreEnforcement action by local councils – The EPA Act
What powers do local councils have when it comes to enforcement under the EPA Act?
Read MoreWhen work is “Physically Commenced”?
In some instances a development consent will not lapse if building, engineering or construction work relating to the building, subdivision or work is “physically commenced”. What does this mean exactly?
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The Development Site 