Deferred Commencement Conditions: When Can They Be Used?
They are useful, but they are also frequently misunderstood.
Read MoreCategory: Development consents
Deferred Commencement Conditions – Painters Lane Developments Pty Ltd v Central Coast Council
A dispute over whether a development consent had lapsed turned on the precise wording of a deferred commencement condition.
Read MoreAssessing a DA Under the Wrong Planning Controls – Ross v Randwick City Council
A modification approval unravelled after the Court found the council assessed it under the wrong DCP.
Read MoreKey Lessons for DA Assessment – Nicholas Tang Holdings Pty Limited v Berbic and Wingecarribee Shire Council
In the case Nicholas Tang Holdings Pty Limited v Berbic and Wingecarribee Shire Council [2024] NSWLEC 95, the Land and Environment Court invalidated the council’s development consent due to errors in its assessment process.
Read MoreThe Boundaries of Certifiers’ Powers: Insights from Cameron v Woollahra Municipal Council
The Cameron v Woollahra Municipal Council ruling sets the legal landscape for certifiers, revisiting the pivotal Ralan judgment and its impact on development consents.
Read MoreZombie Consents – Whites Beach Investments Pty Ltd v Byron Shire Council
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.
Read MoreCrucial Role of Section 68 Approvals: Ballina Island Developments Pty Ltd v Ballina Shire Council
The Land and Environment Court of New South Wales recently dismissed appeals by Ballina Island Developments Pty Ltd against Ballina Shire Council, highlighting the critical need for section 68 approvals in addition to development consents.
Read MoreDeferred Commencement Conditions – Peake Pearce Pty Ltd v Georges River Council
In a decision that clarifies the extent to which planning authorities can impose deferred commencement conditions, the Land and Environment Court has clarified that such conditions cannot be imposed on the granting of a modification of consent.
Read MoreWhen is a development application “lodged”?
Recent changes to the Environmental Planning and Assessment Regulation could create uncertainty as to when an application is considered to be “lodged”.
Read MoreConsistencies between DAs and CCs – Sader v Elgammal
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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