$60k lopped off Council’s bottom line for non-consent

Authorities prosecuting offences against NSW environmental and planning law have a number of important duties, and the failure to discharge those duties exposes the prosecutor to substantial cost implications. Kogarah City Council v El Khouri is a case in point where $60,000 in costs was awarded against the Council prosecutor for its failure to discharge…

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…

North West Rail Link: Compulsory Acquisition Cases

The power to compulsorily acquire land is a statutory one, provided to various authorities who have a role in the delivery of broader benefits to the community, such as planning and delivering infrastructure like rail lines and motorways. The Land and Environment Court has started delivering judgments in the compulsory acquisition cases relating to the…

Mining development applications: benefits vs impacts

In its recent decision dismissing an appeal against the Land and Environment Court’s refusal of a proposed mine extension, the NSW Court of Appeal has in effect agreed with the LEC’s criticism of economic modelling used to support the Warkworth mine extension application, with implications for economic evidence for future development applications. Mining company Warkworth Mining…

Evolution of the Environmental Planning & Assessment Act

Our blog entry on 11 February traced the dramatic events leading up to the shelving of the NSW Planning Bill in December 2013, as well as the direction the Government was likely to move in light of the stalemate between the Houses.  The below infographic plots the evolution of key aspects of the Environmental Planning &…