Changes to the Planning Act

On 6 May 2016, Planning Minister Rob Stokes announced that the NSW Government was revisiting its ‘revolutionary’ but unsuccessful bid in 2013 to amend the Environmental Planning and Assessment Act. After months of consultation and amid community opposition, changes were blocked by Labor in the upper house. Since then, significant changes have been made to…

Coastal Management Bill 2016

Following months of public consultation, the NSW Government has recently introduced the Coastal Management Bill 2016 to Parliament. The Bill will repeal the Coastal Protection Act 1979 and the Coastal Protection Regulation 2011 and is to establish a simpler, more contemporary legislative framework for the management of the NSW coastline. The Bill contains new statutory…

Recent Activities of the Greater Sydney Commission

The Greater Sydney Commission (GSC) was established in late 2015 to oversee metropolitan planning and development in the Greater Sydney Region. The GSC functions as a partnership between the NSW Government and local governments, and has the power to make local environmental plans and prepare draft strategic plans for the Greater Sydney Region under the…

Greater Sydney Commission Bill 2015

On 22 October 2015, the NSW Government introduced the Greater Sydney Commission Bill 2015 (Bill) which has three main objectives: to establish the Greater Sydney Commission (Commission); to provide for the constitution of Sydney planning panels for the Greater Sydney Region; and to amend the Environmental Planning and Assessment Act 1979 (EP&A Act) which will…

Enforcing conditions of consent

What are the competing interests considered by the Court in granting injunctions to restrain breaches of conditions of consent? We commonly provide advice on injunctive relief where development is proceeding in ways which appear to be contrary to approved plans or conditions of consent. The recent decision in Council of the City of Sydney v…

How development should respond to severe weather events

The recent case Catalina Island Pty Limited v Pittwater Council [2014] NSWLEC 1125 demonstrates how the Land and Environment Court takes into consideration severe weather events in assessing development applications. This case was an appeal against the refusal by Pittwater Council of a development application by Catalina Island for the construction of eight apartments pursuant to…

What are the benefits of planning?

Have you ever considered the impacts of good planning, or why planning is so important? I spent some time thinking about the benefits of planning and this is what I came up with: Good planning has economic benefits: the right location of uses can protect public investment in infrastructure and add value to property planning…

When is ‘eco-medicine’ not ‘eco-friendly’?

Forgall Pty Limited (Forgall) applied to the Greater Taree City Council for approval to develop Australia’s first ‘bio-clinic facility’. The development application was for the construction of a ‘holistic health care facility’, providing a range of therapies not currently offered in Australia for the treatment of patients suffering from cancer, and other chronic illnesses such…