Exploring planning, environment, and local government law issues in New South Wales
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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In 2018, the NSW Court of Appeal handed down a very important judgment which changed the approach to the publication of reasons by Commissioners in the Land and Environment Court.
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There are very limited pathways available to obtain approval for development that has already been carried out.
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The judgment of Stockland Developments v Wollongong Council provides us with direction as to the preferred method of noise attenuation with respect to development.
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A judgment of the NSW Supreme Court of Appeal has raised significant doubts regarding the power to amend a modification application.
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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.
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The Development Site 