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…

The chainsaw and the injured banksias

This week, we continue the theme of environmental crime and novel pleadings. The judgment of Pain J in Council of the City of Shoalhaven v Wilson [2015] NSWLEC 93 involved a defendant making submissions on sentencing about mental health and intoxication. The self-induced intoxication was held to be irrelevant for the purposes of sentencing, whereas…

POSTSCRIPT: Rafailidis appeal dismissed

The Court of Appeal recently handed down judgment in Rafailidis v Roads and Maritime Services [2015] NSWCA 143, dismissing Mrs Koula Rafailidis’ appeal against the judgments of Craig J and Sheahan J. Our earlier blog on Castle-style arguments in compulsory acquisition litigation examined one of these cases at first instance. The Court of Appeal (Beazley P,…

Streamlining Commonwealth and State Environmental approvals

The Commonwealth Government’s Assessment Bilateral Agreement Draft Conditions Policy (Draft Conditions Policy) seeks to improve the efficiency of assessment bilateral agreements under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). In particular, the Draft Conditions Policy seeks to minimise unnecessary duplication between state, territory and Commonwealth conditions on environmental approvals. The Draft…

Let’s face it, (house) size matters

Future battlelines for town planning will increasingly being waged on economic criteria.  In a blog critique to Thomas Piketty’s Book, Capital in the Twenty-First Century, Matthew Rognlie, a 26-year-old graduate student at the Massachusetts Institute of Technology, made headlines in the Economist for his arguments that it is homeownership that leads to rising inequality. One…

Visual impact must be considered: Telco development project denied

You might recall our recent blog which considered the decision of Telstra Corporation Limited v Coffs Harbour City Council [2014] NSWLEC 1254 regarding the installation and location of telecommunication infrastructure. We concluded that the case highlighted the need for telecommunication companies to consider designs that minimise the visual impact of such infrastructure, and to conduct a…