Appeals of 8.2 Reviews – Urban Link Architects Pty Ltd v City of Parramatta Council

November 3, 2024.Reading time 4 minutes.

In the recent judgment, the Land and Environment Court tackled a key procedural issue: whether the outcome of a Section 8.2 review is appealable.

A Road or Not a Road? That is the Question: Henroth v Canterbury-Bankstown Council

October 31, 2024.Reading time 5 minutes.

The legal interpretation of what constitutes a “road” plays a significant role in property development, particularly when access roads serve adjacent structures in zones with distinct planning constraints.

Key Lessons for DA Assessment – Nicholas Tang Holdings Pty Limited v Berbic and Wingecarribee Shire Council

September 12, 2024.Reading time 8 minutes.

In the case Nicholas Tang Holdings Pty Limited v Berbic and Wingecarribee Shire Council [2024] NSWLEC 95, the Land and Environment Court invalidated the council’s development consent due to errors in its assessment process.

The Boundaries of Certifiers’ Powers: Insights from Cameron v Woollahra Municipal Council

September 4, 2024.Reading time 9 minutes.

The Cameron v Woollahra Municipal Council ruling sets the legal landscape for certifiers, revisiting the pivotal Ralan judgment and its impact on development consents.

A New Precedent in Development Assessments – Bingman Catchment Landcare Group Incorporated v Bowdens Silver Pty Ltd

August 19, 2024.Reading time 10 minutes.

A Court of Appeal decision of Bingman Catchment Landcare Group Incorporated v Bowdens Silver Pty Ltd has just redrawn the map for how State significant developments must be assessed—completeness is a non-negotiable.

Zombie Consents – Whites Beach Investments Pty Ltd v Byron Shire Council

July 27, 2024.Reading time 5 minutes.

In the recent judgment of Whites Beach Investments Pty Ltd v Byron Shire Council, the Land and Environment Court addressed whether a development consent issued in 1978 for the erection of a country dwelling had lapsed.

Mascot Towers and its impact on surrounding development – C&V Engineering v Valuer General of NSW

June 4, 2024.Reading time 6 minutes.

The case C & V Engineering Co Pty Ltd as Trustee for the Pizzolato Settlement v Department of Planning Industry and Environment – Valuer General of NSW [2024] NSWLEC 57 provides important insights into the complexities surrounding land valuation in urban environments, particularly when adjacent to developments like Mascot Towers.

A Case Study on BDAR Compliance: Planners North v Ballina Council

May 30, 2024.Reading time 7 minutes.

Planners North v Ballina Council [2021] NSWLEC 120 serves as a reminder of the role of BDARs in the development approval process.

The basics of Biodiversity Development Assessment Reports

May 29, 2024.Reading time 5 minutes.

This article provides an overview of a report that can play a central role in the development application process.

Weight given to zoning – BGP Properties Pty Limited v Lake Macquarie City Council

May 28, 2024.Reading time 4 minutes.

BGP Properties Pty Ltd v Lake Macquarie City Council emphasises the importance of balancing zoning with environmental considerations in planning decisions.