The Land and Environment Court in Bronger v Greenway Health Centre Pty Ltd t/as Greenway Plaza Pharmacy [2022] NSWLEC 91 rejected a claim that the operation of a pharmacy in the Greenway Medical Hub was an impermissible retail pharmacy. Key Takeaways The terms 'retail...
Key Takeaways Decisions by consent authorities to list buildings in the state's heritage register are vulnerable to legal challenge if the decision is not supported by reasons which have ‘regard to any statutory requirements applying to the decision’. Consent...
A recent decision by the Land and Environment Court of New South Wales has provided clarification on the statutory test for modification applications involving several elements. Key Takeaways Any proposal to modify an original development must ensure that the modified...
Key Takeaways This decision clarifies the circumstances surrounding the lapsing of development consents. The case highlights the importance of the wording in each unique development consent. Development consents may not lapse in the context of staged developments...
The Land and Environment Court in Reset & Sweat Pty Ltd v Northern Beaches Council [2022] NSWLEC 1203 has upheld an appeal against a development control order claiming prohibition of use issued to a fitness gym. Key Takeaways Councils must take into consideration...
Key Takeaways An award has been proposed largely in the same terms as the Local Government (COVID-19) Splinter (Interim) Award 2021 made by the Commission which will remain in force until April 2023. Paid COVID-19 special leave, a job retention allowance and leave...
Key Takeaways 45 State Environmental Planning Policies ("SEPPS") have been repealed and consolidated into 11 new SEPPS. The consolidated SEPPs commenced on 1 March 2022. The repealed SEPPs no longer apply to any existing development consents, and the new consolidated...
A recent Court of Appeal decision has provided clarity as to whether the protection afforded to public authorities by s 43A applied to the issuing of planning certificates by councils pursuant to s 10.7 (previously s 149) of the Environmental Planning and Assessment...
The Court of Appeal in Della Franca v Lorenzato; Burwood Council v Lorenzato [2021] NSWCA 321 has recently overturned a Supreme Court decision in which it was held that a council resolution was a 'policy' relating to flooding and thus required to be disclosed on a s...
The recent decision of Gardiner v Central Coast Council [2022] NSWLEC 1007 emphasises the difficulties associated with proposed self-enforcement of flood management strategies. Background The applicant sought development consent from Central Coast Council ("Council")...
A recent decision by the NSW Land and Environment Court has reaffirmed that a consent authority, in the granting of a development application, cannot require the dedication of land free of cost without a Voluntary Planning Agreement or the land being included in a...
The recent decision of Moffat v Woollahra Municipal Council [2022] NSWLEC 1016 is a salient reminder for councils reviewing development applications that the aims and objectives of planning controls can be met in a manner that preserves heritage significance....