Retrospective approval – Windy Dropdown v Warringah Council
There are very limited pathways available to obtain approval for development that has already been carried out.
Read MoreCategory: Development consents
No mods of Contribution Conditions – Ku-ring-gai Council v Buyozo Pty Ltd
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.
Read MoreMods of Mods – they’re back
On 14 July 2021 legislation was published to permit modification applications to be amended.
Read MoreMods of Mods – AQC Dartbrook Management v THE Minister
A judgment of the NSW Supreme Court of Appeal has raised significant doubts regarding the power to amend a modification application.
Read MoreNegligence and local councils
In some instances a local council may be liable in relation to negligence, including with respect to development consents.
Read MoreIn the news – Clause 4.6 variations
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.
Read MoreInterim Heritage Orders
What are Interim Heritage Orders and how can they impact development?
Read MoreConditions of Consent – Certifier or Council?
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.
Read MoreLapsing of development consents – Cando v Cumberland Council
In Cando Management and Maintenance Pty Ltd v Cumberland Council, the New South Wales Court of Appeal considered whether a development consent had lapsed.
Read MoreOwners Consent Requirements – Stokes v Waverley Council
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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The Development Site 