Local Planning in a Global Environment: NSW Government proposes to limit conditions of consent regulating overseas impacts

Amendments have been proposed to the Environmental Planning and Assessment Act 1979 (EP&A Act) and the State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 (Mining SEPP) that will impact on how greenhouse gas (GHG) emissions are considered in assessing mining projects and the conditions of consent that may be imposed. The Environmental…

Bilateral agreements under the EPBC Act: How easy is it to cut green tape? (Part 1)

Overlapping State and Commonwealth approval requirements leading to project risks The environmental approval process under the Commonwealth’s Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) operates in parallel to State-based approval processes, such as the development consent process under the Environmental Planning and Assessment Act 1979 (NSW) (EP&A Act). That means that, for example, a…

Man-cave, bungalow, complying development?

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…

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…