The decision of Council of the Kool Family Developments Pty Ltd v City of Ryde Council provides a reminder that objectives of the zone are a relevant consideration when considering the merits of a development application.
The decision of Council of the City of Ryde v Network Developments NSW provides a warning to those obtaining complying development certificates (known as CDCs). In particular, it is critical that the lawfulness of issuing a CDC is considered at the date of issue.
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.
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.
In the recent case of Geeves v Inner West Council, the Land and Environment Court found that it had no power to issue a development consent because a development standard was exceeded and no variation had been sought.
On 24 July 2018, the Land and Environment Court handed down a decision which considered the meaning of “walking distance” under the State Environmental Planning Policy (Affordable Rental Housing) 2009.