Can I challenge a condition of consent?
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....
Publications
Legal articles, guides, and resources from PDC Law’s expert team.
What is a planning principle and how are they applied?
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...
What does ‘characterisation’ mean and how is it relevant to the planning process?
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...
The Class 1 Appeal Process Explained
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...
Can I trim a tree that hangs over my fence from a neighbour’s yard?
Please don’t. Trees and fences generally have a way of turning neighbours against one another. So much so, in fact, that the NSW Government enacted specific laws to deal with both: the Trees (Disputes Between...
What is the difference between an LEP and a DCP?
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...
The difference between Torrens, Strata and Community titles
Torrens Title is based on the notion of ‘ownership by registration’. You register your ownership of land with NSW Land Registry Services (LRS). Basically, if you have properly registered yourself as the owner of land,...
When do councils need to invite tenders for their contracts?
Councils need to invite tenders for certain contracts, in certain circumstances, but are not required to tender for each and every contract they enter into. Section 55 of the Local Government Act 1993 (LG Act)...
The Building and Construction Industry (Security of Payment) Act 1999 – what you need to know
The Building and Construction Industry (Security of Payment) Act 1999 (Security of Payment Act) created a system of payment requirements that principals, contractors and subcontractors must follow. For the sake of context, it is important...
Building defects – what you need to know
The last thing you want to see after your builder hands over the keys to your brand new home, are cracks, leaks, faulty workmanship, or worse, structural inadequacies. Unfortunately these things can happen and when...
