Exploring planning, environment, and local government law issues in New South Wales
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.
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The Environmental Planning and Assessment Amendment Bill 2017 proposes significant changes to planning law in NSW.
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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.
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How does the legal classification of development impact on the approval process?
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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.
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The difference between “building work” and “subdivision work” is an ongoing consideration for accredited certifiers and developers.
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A strict interpretation of development consents could lead to absurd consequences – and the Land and Environment Court knows it.
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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 recent Land and Environment Court case of Karimbla Properties v Council of the City of Sydney has found that land can be recategorised for rating purposes once a developer undertakes activities which implement a development consent for the new use.
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The difference between a development standard and a prohibition in an environmental planning instrument was revisited in Principal Healthcare Finance Pty Ltd v Council of the City of Ryde.
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The Development Site 