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 MoreExploring environmental, planning and construction law issues in New South Wales
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 MoreThe 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 MoreIn 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 MoreThere are very limited pathways available to obtain approval for development that has already been carried out.
Read MoreIn 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 MoreOn 14 July 2021 legislation was published to permit modification applications to be amended.
Read MoreA judgment of the NSW Supreme Court of Appeal has raised significant doubts regarding the power to amend a modification application.
Read MoreIn some instances a local council may be liable in relation to negligence, including with respect to development consents.
Read MoreFollowing 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.
Read MoreWhat are Interim Heritage Orders and how can they impact development?
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