The commencement of the Low Rise Medium Density Housing Code in local council areas has been pushed back from July to 31 October 2019. Wollongong, Shellharbour, Kiama and Shoalhaven council areas have all been granted...
Over the last few years, the NSW Government has introduced major reforms to the NSW planning system, which included an overhaul of the Environmental Planning and Assessment Act 1979 (NSW). In December 2018, the Kaldas...
Exempt and complying development is defined in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP). If development is ‘exempt’, it means that no approval is required from council under the...
You can, but you need to be careful in how you go about it. If your development application has been determined by way of a consent, the council issuing the consent will usually apply conditions....
Characterisation refers to the process of properly defining a use (or ‘development’) that is, or is intended to be, carried out. The process of characterisation is critical in some cases, as the permissibility of a...
We have dealt with planning principles in some detail in our article on view loss and the right to a view. You can click hereto read that article. The Court defines a planning principle to...
If you are unhappy with the determination of council in relation to your development application, you can appeal that decision under section 97 of the Environmental Planning and Assessment Act 1979 (EPA Act). This avenue...
There is an important difference between an approval and a consent, insofar as land use is concerned. Both the Local Government Act 1993 (LG Act) and the Environmental Planning and Assessment Act 1979 (EPA Act)...
In the hierarchy of planning law the Environmental Planning and Assessment Act 1979 (EPA Act) and associated Regulation sits at the top. The Act establishes the system of planning and environmental assessment for the state...
Don’t panic! The first thing you should do is contact the council officer who has given the order and discuss the matter with them. It is unusual for a council to give orders without some...
