In the news – Clause 4.6 variations

March 28, 2021.Reading time 2 minutes.

Following an inquiry into the former Canterbury City Council, ICAC has made some interesting recommendations in relation to the use of clause 4.6 variation requests.

Interim Heritage Orders

March 28, 2021.Reading time 2 minutes.

What are Interim Heritage Orders and how can they impact development?

Conditions of Consent – Certifier or Council?

February 22, 2021.Reading time 3 minutes.

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.

Publication of SEPPS and LEPS

February 3, 2021.Reading time 3 minutes.

There have been some recent changes to how the public is notified about new planning instruments on the NSW Government website.

Landscaping to protect privacy – Super Studio v Waverley Council

January 20, 2021.Reading time 2 minutes.

The judgment of Super Studio v Waverley Council provides us with the planning principle in relation to the use of landscaping to protect privacy.

Plans of Management – Renaldo Plus 3 Pty Limited v Hurstville City Council

January 13, 2021.Reading time 9 minutes.

What questions should be considered in relation to whether a Plan of Management is appropriate for a particular situation?

Lapsing of development consents – Cando v Cumberland Council

January 4, 2021.Reading time 6 minutes.

In Cando Management and Maintenance Pty Ltd v Cumberland Council, the New South Wales Court of Appeal considered whether a development consent had lapsed.

Owners Consent Requirements – Stokes v Waverley Council

December 31, 2020.Reading time 7 minutes.

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.

Minimum lot sizes under SEPPs – UPG v Blacktown City Council

December 30, 2020.Reading time 14 minutes.

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.