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…

Coastal Management Bill 2016

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…

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…

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…