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…

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…

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,…

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…

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…