Exploring planning, environment, and local government law issues in New South Wales
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.
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The Cameron v Woollahra Municipal Council ruling sets the legal landscape for certifiers, revisiting the pivotal Ralan judgment and its impact on development consents.
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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.
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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.
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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.
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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 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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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 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).
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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.
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The Development Site 