Enforcement mechanisms for Voluntary Planning Agreements
To ensure a Voluntary Planning Agreement is enforced, it might be registered on the title of the land – but it doesn’t have to be!
Read MoreCategory: Development consents
Granting development consent on contaminated land
In Lippmann Partnership Pty Ltd v Canterbury-Bankstown Council, the Land and Environment Court reiterated that the extent of contamination on a site must be determined before a consent authority has the power to issue a development consent.
Read MoreReform of the Environmental Planning and Assessment Act 1979
The Environmental Planning and Assessment Amendment Bill 2017 proposes significant changes to planning law in NSW.
Read MoreThe date of deemed refusal
In the recent case of Corbett Constructions Pty Ltd v Wollondilly Shire Council, the New South Wales Land and Environment Court considered what date a development application was taken to be refused – that is, the date of deemed refusal.
Read MoreLegal classification of development
How does the legal classification of development impact on the approval process?
Read MoreValidity of conditions of consent
A condition of consent may be valid or invalid. Understanding the requirements for a valid condition of consent is important – an invalid condition can jeopardise an entire development consent.
Read MoreInterpreting a condition of consent
A strict interpretation of development consents could lead to absurd consequences – and the Land and Environment Court knows it.
Read MoreWhen can Council impose section 94 conditions on a development consent?
Council’s will often impose conditions on a development consent that require a developer to provide monetary or infrastructure contributions – but can these conditions be legally imposed?
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The Development Site 