The recent Land and Environment Court decision in the matter of Johnson v Hornsby Shire Council [2014] NSWLEC 1215 (Johnson) demonstrates that the new 10/50 rule under section 100R of the Rural Fires Act 1997 (NSW) needs to be thoroughly considered by applicants for residential (and other) development. The 10/50 rule entitles an owner of…
In our blog on 27 October 2014, we told you about the new changes to the Environmental Planning and Assessment Act 1979 (NSW) (Planning Act) that were proposed by the Environmental Planning and Assessment Amendment Bill 2014 (NSW). That Bill has now passed both Houses of Parliament, having received assent on 19 November 2014. Other…
On 11 June 2015, the Court of Appeal handed down judgment in Trives v Hornsby Shire Council [2015] NSWCA 158. This decision allowed the applicant’s appeal from the decision of Craig J in the Land and Environment Court, which we discussed in our blog below. As the blog below analysed the implications of Craig J’s…
To what extent does the categorisation of land as community land stymie development? In what circumstances can works be carried out on community land for the purposes of development on an adjoining property? What happens in circumstances where a Council fails to properly categorise land? These questions were covered in the recent decision of Watpac…
In our blog on 2 September 2014 we told you to watch out for new environmental enforcement laws proposed by the Protection of the Environment Legislation Amendment Bill 2014. That Bill has now passed both Houses of Parliament, having received assent on 28 October 2014. That means that the proposed changes will shortly come into…
Planning and Environment in NSW 