Lapsing 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 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.
Voluntary 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 MoreThe reason for reasons – Al Maha v Huajun Investments
In 2018, the NSW Court of Appeal handed down a very important judgment which changed the approach to the publication of reasons by Commissioners in the Land and Environment Court.
Read MoreRetrospective approval – Windy Dropdown v Warringah Council
There are very limited pathways available to obtain approval for development that has already been carried out.
Read MoreNoise Attenuation – Stockland Developments v Wollongong Council
The judgment of Stockland Developments v Wollongong Council provides us with direction as to the preferred method of noise attenuation with respect to development.
Read MoreNo mods of Contribution Conditions – Ku-ring-gai Council v Buyozo Pty Ltd
In Ku-ring-gai Council v Buyozo Pty Ltd [2021] NSWCA 177, the NSW Court of Appeal determined that there is no power to modify a development consent to amend a condition of consent requiring a monetary contribution.
Read MoreMods of Mods – they’re back
On 14 July 2021 legislation was published to permit modification applications to be amended.
Read MoreMods of Mods – AQC Dartbrook Management v THE Minister
A judgment of the NSW Supreme Court of Appeal has raised significant doubts regarding the power to amend a modification application.
Read MoreClause 4.6 Variations – MS Windsor St v Hawkesbury City Council
The law A local environmental plan (LEP) is a piece of legislation that guides planning decisions for local government areas through zoning and development controls. Each local government area will have one or more LEPs.
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The Development Site 