Exploring environmental, planning and construction law issues in New South Wales
The law A local environmental plan (LEP) is a piece of legislation that guides planning decisions for local government areas through zoning and development controls. Each local government area will have one or more LEPs. Clause 4.6 is a mandatory clause that must be implemented in every LEP. Clause 4.6 allows for the variation of […]
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Project Venture Development Pty Ltd v Pittwater Council provides us with guidance when considering the compatability of a proposal within its local area.
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The judgment of Super Studio v Waverley Council provides us with the planning principle in relation to the use of landscaping to protect privacy.
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What questions should be considered in relation to whether a Plan of Management is appropriate for a particular situation?
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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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The judgment of Coorey v Municipality of Hunters Hill provides us with the appropriate considerations for determining whether a development application should be characterised as “additions and alterations” or an application for “a new building”.
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The judgment of Tenacity Consulting v Warringah Council provides us with a four step assessment process to be used when making planning decisions with respect to view sharing.
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In a judgment handed down at the end of 2019, the Court reiterated the principles set down in Stockland Development Pty Ltd v Manly Council regarding the consideration of development control plans.
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The Land and Environment Court has a wide-ranging jurisdiction to deal with a variety of concerns raised by parties – and 2019 was no exception.
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