Exploring environmental, planning and construction law issues in New South Wales
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.
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On 14 July 2021 legislation was published to permit modification applications to be amended.
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A judgment of the NSW Supreme Court of Appeal has raised significant doubts regarding the power to amend a modification application.
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In some instances a local council may be liable in relation to negligence, including with respect to development consents.
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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.
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What are Interim Heritage Orders and how can they impact development?
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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.
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In Cando Management and Maintenance Pty Ltd v Cumberland Council, the New South Wales Court of Appeal considered whether a development consent had lapsed.
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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.
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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.
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