The Southern District of Ohio Court in the USA has awarded $1.6M and $5.6M to two plaintiffs for exposure to perfluooctanoic acid (commonly referred to as PFOA) in drinking water. The plaintiffs claimed to have been diagnosed with a kidney tumour and testicular cancer respectively. The claims were made as part of a class action…
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…
There is a lot of noise about ‘value capture’ at present. One of the current NSW legal mechanisms for value capture in NSW sits within the framework for Voluntary Planning Agreements (VPA) set out in the Environmental Planning and Assessment Act 1979 (EP&A Act). These agreements have in some cases been used by Planning Authorities…
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…
MMTR Pty Ltd v Roads and Maritime Services [2015] NSWLEC 177 What happens when part of a block of land is compulsorily acquired for an infrastructure project, and the project has the effect of increasing the value of the residue land? How should compensation be calculated? Justice Craig’s decision in MMTR Pty Ltd v Roads…
Each year in the Land and Environment Court there are about 50 to 100 criminal prosecutions in the “Class 5” jurisdiction. By contrast there are between 100 and 150 cases filed in the Court’s civil “Class 4” jurisdiction involving civil enforcement and judicial review proceedings. The Class 4 jurisdiction has a number of benefits through the…
Dormant adverse possession claims and historical acquisitions for public works: Lawson v South Australian Minister for Water and the River Murray (No 2) [2014] NSWLEC 189 Infrastructure projects in New South Wales have historically been aided by the provisions under the Public Works Act 1912 (Public Works Act). Under the Public Works Act,[1] the Minister…
Adrem Nominees PtyLtd v Auburn City Council [2012] NSWLEC1043 Earlier this week we looked at the conditions of consent relating to the installation of security cameras on a domestic residence. We continue the theme of conditions of consent and appeals against them, and review a decision which considers the appropriateness of a condition of consent requiring…
Szann v Council of the City of Sydney [2012] NSWLEC 1168 In New South Wales not only can you appeal against the refusal of a development consent, you can also appeal against the conditions of consent that are granted. Accordingly, under s 97 of the Environmental Planning and Assessment Act 1979 an applicant may appeal when…
In our blog on 1 May 2015 relating to apartment sizes, and the links being debated between planning restrictions and economic inequality, we referred to the design standards for apartment living through the State Environmental Planning Policy No 65 (Design Quality of Residential Flat Development) (SEPP 65). Since this time, the Environmental Planning and Assessment…
Planning and Environment in NSW 