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Overview of the Greater Cities Commission

Established in 2016, the Greater Sydney Commission was initially formed under the (now repealed) Greater Sydney Commission Act 2015 (NSW), its purpose was to act as a central state government agency to assist local and state governments in the collective planning and development of the Greater Sydney Region.

Recent amendments under the Greater Cities Commission Act 2022

With the continuous growth of the population and demand for accessibility, the Greater Cities Commission Act 2022 (NSW) (Act) was introduced to expand the Greater Sydney Region to include three new cities. As such, there are now six cities managed by the new Greater Cities Commission (Commission) as follow:- [1] [...]  READ MORE →

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Planning Principle Update: Brothels

Recently, in Yao v Liverpool City Council (Yao) [2017] NSWLEC 1167 the Land and Environment Court’s planning principle in relation to brothels was updated from the principles enunciated in Martyn v Hornsby Shire Council (Martyn) [2004] NSWLEC 614.

The planning principles in Martyn had been in operation for 13 years, and, in some instances, had been overtaken by development controls provisions in individual council development control plans. 

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The Benefits of Mediation

What is Mediation?

Mediation is a structured negotiation process whereby a neutral independent party, the mediator, helps the parties in a dispute to achieve their own resolution to the dispute.

When should parties mediate?

Mediation is most successful when the parties have a genuine desire to settle and prepared to compromise.

The following are examples of circumstances where mediation may occur:

  • compulsory referral to mediation by order of the court
  • before commencement of litigation
  • early in the stages of litigation
  • when the Plaintiff has prepared evidence but the defendant has not
  • after all evidence has been served and a court date has been set

Benefits

One of the key benefits of mediation is confidentiality.  The Civil Procedure Act 2005 provides that admissions made in mediation or evidence of anything said in mediation is not admissible in any proceedings before a court or other body (see s 30(4)).  If the mediation is unsuccessful, the substance of the mediation cannot be used against a party later in the proceedings. [...]  READ MORE →

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Swimming Pools – Selling or Leasing a property

From April 2016 new laws were enacted relating to the sale or leasing of properties in NSW with swimming pools.

Who is affected?

The laws affect the following stakeholders, in relation to properties with pools:

  • the vendor;
  • the purchaser;
  • the tenant;
  • the landlord;
  • the real estate agent;
  • the local Council;
  • an accredited Certifier.

What are the requirements?

Properties sold with a pool must have either:

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AGL’s Failure to Disclose Political Donations

AGL Energy Limited (AGL) and its subsidiary AGL Upstream Infrastructure Investments Pty Ltd (AGL Upstream) pleaded guilty in the Land and Environment Court to offences relating to the failure to disclose political donations (Secretary, Department of Planning and Environment v AGL Energy Limited; Secretary, Department of Planning and Environment v AGL Upstream Infrastructure Investments Pty Ltd [2017] NSWLEC 2, per Moore J).

Failures to Disclose

Section 147(11) of the Environmental Planning and Assessment Act 1979 (EP&A Act) provides an offence where a person fails to make a disclosure of a political donation when making a planning application.  The offence occurs where a person fails to make that disclosure where they knew, or reasonably ought to have known, that a disclosure was required to have been made under s 147. [...]  READ MORE →