The NSW Department of Planning and Environment has created new rules governing the stateâs 45 independent planning panels (IPP). What are the changes? The nine Sydney District and Regional Planning Panels will now require: The 36 Local Planning Panels (LPP) will now require: Why are these changes being introduced? These rules aim to strengthen the …
Expertise Archives:
Case note: Visual impacts and the principle of intergenerational equity
The Courtâs decision in Stannards Marine Pty Ltd v North Sydney Council [2022] NSWLEC 99 highlights the importance of properly addressing landscape character and visual impacts for proposals in highly scenic and significant locations having regard to the principle of intergenerational equity and the concept of public trust. The decision is indicative of an increasing …
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Proposed changes to Queenslandâs waste legislation
WRR Bill 2023 On 22 February 2023, the Waste Reduction and Recycling and Other Legislation Amendment Bill 2023 (WRR Bill 2023) was introduced into Queensland Parliament. The WRR Bill 2023 proposes to amend provisions of the Environmental Protection Act 1994 (Qld) (EP Act) and the Waste Reduction and Recycling Act 2011 (Qld) (Waste Act) to …
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Cairns Regional Council
Timely Reminder on the importance of âDesign Excellenceâ
âDesign excellenceâ is a term used in planning instruments to group the range of requirements intended to ensure the delivery of development characterised by a high standard of design. In a recent development appeal to the NSW Land and Environment Court (Court), a development application (DA) was refused on the basis that the proposal lacked …
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Ensuring the validity of Development Control Orders
A recent decision in the Land and Environment Court serves as a timely reminder for regulatory authorities when drafting development control orders (DCOs). Should there be non-compliance with a DCO and proceedings effectively brought against the recipient with respect to the same, it is important that the DCO has been drafted correctly, so as to …
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Environmental Planning and Assessment Amendment (Conflict of Interest) Regulation 2022
The NSW Parliament has recently passed amendments to the Environmental Planning and Assessment Act 1979 (NSW) (Act) and Environmental Planning and Assessment Regulation 2021 (NSW) (Regulation), which mandate longer exhibition periods for development applications made by councils or which involve land owned or occupied by councils. Council-related developments With effect from 3 April 2023, council-related …
Government proposes review into Caravan Park and MHE planning approval framework
With more affordable and diverse housing options becoming increasingly popular and important, it may be no surprise that the NSW Government has flagged its intention to undertake a review into the assessment and approvals process for Caravan Parks and Manufactured Home Estates (MHE). Time will tell whether the NSW Department of Planning and Environmentâs proposed …
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Streamlined assessment pathway for social and affordable housing programsÂ
Who should read this? Developers and their advisors involved in community and social housing in Queensland. Things you need to know What you need to do Consider whether your social or affordable housing may be eligible for assessment under the infrastructure designation pathway, and whether that is more time and cost efficient than a traditional …
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Ben Turnbull
How the EPAâs draft Climate Change Policy and Action Plan will impact businesses in NSW
The NSW Environment Protection Authority (EPA) recently released its draft Climate Change Policy (Policy) and Climate Change Action Plan 2022-25 (Action Plan) in September 2022. Once implemented, this will solidify the EPAâs role in regulating and reducing greenhouse gas emissions and support the NSW Governmentâs plan to reach net zero by 2050. The Policy and …
Offshore wind on Australiaâs horizon
The realisation of offshore wind projects in Australia is shifting closer, thanks to a more renewables-focused Commonwealth Government, increased cost competitiveness of renewable projects, and fluctuations in the fossil fuel markets. Australia moves to declare its first offshore renewable energy zone Most recently, the Minister for Climate Change and Energy, Chris Bowen MP, announced his …
When Councillors or Council staff are out of line: New model policies for local councillors and staff
Local councils are an important part of our system of representative government. As with other representatives, it is reasonable to expect that our local councillors will be held to a high standard of accountability. Unfortunately, sometimes councillors can fall short of the communityâs expectations as the transition to online and remote meeting platforms has exposed. The increase …
Timely reminder – Principles applicable to public interest determination under the GIPA ActÂ
Staff members of the NSW Department of Planning and Environment (Department) have recently been found to have been giving advice to mining company, South32, in relation to its application for a coal mining extension. The emails containing the so called âadviceâ were produced under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act). The …
New employment zones set to commence in December 2022
The NSW Government has commenced implementing the Employment Zone Framework following the range of reforms introduced in December 2021. These changes will replace existing industrial and business zones to bring new âemployment zonesâ and âsupporting zonesâ aiming to benefit businesses and productivity while minimising land-use conflict. The reform In December 2021, the five new employment …
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Independent Planning Commission sets new greenhouse gas performance measures in approval for Narrabri Mine extension
On 1 April 2022, the NSW Independent Planning Commission (Commission) granted approval for the Narrabri Underground Mine Stage 3 Extension Project (Extension Project). The development consent granted in respect of the Extension Project incorporates a number of unprecedented conditions targeted at the minimisation of greenhouse gas emissions (GHGE). For proponents, these conditions and the reasons …
New âLand Value Contributionâ
The NSW Department of Planning, Industry and Environment (Department), is in the process of introducing infrastructure contribution reforms, intended to simplify the system of contributions currently in place and provide greater transparency and consistency for key stakeholders, including local government, developers and landowners. In December 2020, the NSW Productivity Commissioner undertook a review of the …
A Fundamental Change to Interpreting Development Approvals?
One of the fundamental assumptions underpinning the interpretation of development approvals is that ambiguity in an approval should be construed in favour of the approval holder. A recent High Court authority seems to have chartered a course away from this previously settled principle. The Status Quo In the 1970 New South Wales Supreme Court decision …
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Alesia Shard
Patrick O’Brien
Government decision-making â climate change and Australian children
Federal Court finds Australian children are owed a duty of care in relation to climate change In the recent decision of Sharma v Minister for the Environment [2021] FCA 560, the Federal Court held that Minister Ley, the Federal Minister for the Environment, owes Australian children a duty of care when considering whether to approve …
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Council held liable for negligent misstatement in planning certificate
Burwood Council (Council) recently experienced a costly loss in the Supreme Court of New South Wales, after it provided a planning certificate containing negligent misstatements. By way of background, in 2011 Elisa Lorenzato signed a contract for a property at 13 Appian Way, Burwood (property), attached to which was Councilâs planning certificate issued under the …
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Ingenia Communities
New Century Resources
Electricity Infrastructure Investment Bill passes NSW Parliament Upper House â what you need to know
On 25 November 2020, the Electricity Infrastructure Investment Bill 2020 (NSW) (Renewables Bill) passed the NSW Parliament Upper House following over 30 hours of ongoing debate that challenged 249 proposed amendments. With the Renewables Bill expected to be assented to before the end of 2020, it is guaranteed to shake up the NSW energy market …
Infrastructure charges in the Court of Appeal
In 2020, the Court of Appeal has twice considered challenges to infrastructure charges levied upon major developments and has twice found in favour of councils. The Court of Appeal has upheld the right of councils to levy new infrastructure charges rather than relying on a condition of a preliminary approval in the Gold Coast City …
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Court win for Shopping Centre Proposal
Room2Move
New Bill – Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020
[vc_row][vc_column][vc_column_text] WHO SHOULD READ THIS State Government entities. THINGS YOU NEED TO KNOW The Federal Government has introduced a bill that proposes a number of changes to the EPBC Act (focused especially on the operation of bilateral agreements in NSW). The Independent Review of the EPBC Act also remains ongoing and is expected to result …
NSW Government proposes new Housing Diversity SEPP
Following the outbreak of COVID-19 in Australia and the staged shutdowns that have been implemented across the country, the outlook for the housing market faces significant uncertainty. Whilst the full impact of COVID-19 on the economy, labour market and housing demand still remains to be seen, as part of its response to the impacts of …
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