Just how just are the amendments proposed under the Land Acquisition (Just Terms Compensation) Amendment Act 2016?

Improved transparency, certainty and fairness is the focus in the Land Acquisition (Just Terms Compensation) Amendment Act 2016 (Amending Act), which has received assent from the Governor and will commence on a day or days to be appointed by proclamation. The Amending Act introduces changes to the Land Acquisition (Just Terms Compensation) Act 1991 (Act)…

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…

VPAs: Value capture or legal bribe?

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…

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…

Ducking and weaving to consent

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…

Big Brother is (kind of) watching…

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…

New guidelines help to size up apartments in NSW

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…