Exploring planning, environment, and local government law issues in New South Wales
In a decision that clarifies the extent to which planning authorities can impose deferred commencement conditions, the Land and Environment Court has clarified that such conditions cannot be imposed on the granting of a modification of consent.
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The recent decision of Burns v Queanbeyan-Palerang Regional Council provides a concise summary of the principles to consider when appealing a judgment of the Land and Environment Court.
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What are “Class 1” proceedings, who are typically involved, and what will the Court require of the parties?
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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.
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The recent decision of Sader v Elgammal provides some timely comments from the Court regarding consistency between development consents and construction certificates.
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In the case of Ballina Shire Council v Joblin [2022] NSWLEC 90, the Land and Environment Court of New South Wales underscored the paramount importance of drafting clear and unambiguous orders.
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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.
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In a decision delivered by the Court on Friday 22 July, the Court considered the meaning of “building” in the context of a development control order.
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When a local council and an applicant are in disagreement, the Court has the power to determine whether a consent has lapsed (or not).
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The 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).
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The Development Site 