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Key Amendments to the Environmental Planning and Assessment Act

On 1 March 2018, the Environmental Planning & Assessment Act 1979 (the Act) underwent its largest and most significant change since it commenced in 1979. Many of the changes are expected to be implemented throughout 2018 with further amendments being rolled out over the course of the next two years.

The NSW Government has stated that the amendments provide “an updated, modern planning system that is simpler, faster and designed to ensure high quality decision and planning outcomes for the people of NSW”. The Bill was before NSW Parliament last year and was the subject of much parliamentary debate. The Bill was ultimately assented to on 23 November 2017. [...]  READ MORE →

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Prefabricated Buildings Pty Ltd v Bathurst Regional Council (No.2) [2017] NSWLEC 111

Background

On 24 April 2017 judgment was delivered in Prefabricated Buildings Pty Ltd v Bathurst Regional Council [2017] NSWLEC 44 dismissing a Class 3 application brought by Prefabricated Buildings Pty Ltd (‘Prefabricated Buildings’) appealing against a rates notice issued by Bathurst Regional Council (‘Council’). The appeal was brought pursuant to s 574(1) of the Local Government Act 1993 (NSW) (‘Act’) and related to an annual rates notice issued for water and sewerage services.

A summary of that case by our Local Government specialists can be found here. [...]  READ MORE →

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Recent changes to the planning principles in relation to brothel

Background

On the 31 March 2017, the NSW Land and Environment Court dismissed an appeal to modify the hours of operation for an existing brothel in Liverpool and revised the planning principle of Martyn v Hornsby Shire Council [2004] NSWLEC 614.

Land and Environment Court Facts

The applicant sought to modify a condition of a development consent granted by the Liverpool City Council (the Council) in 1998. This modification would have extended the operating hours of the brothel.

The Council refused the application on the basis that the proposed “extended hours are not compatible with surrounding areas”, and “would give rise to unacceptable social impacts in the immediate locality”. Furthermore, the applicant “has not demonstrated a satisfactory justification for the proposed extended hours”. [...]  READ MORE →

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Importance of Careful Drafting for Council Contracts

Background

Case Note: Port Macquarie-Hastings Council v Diveva Pty Limited [2017] NSWCA 97

In a recent decision, the Court of Appeal of NSW made a determination which is particularly instructive for Councils when undertaking any tender process. The decision highlights the importance of carefully drafting contracts and the need to ensure that sufficient information is provided to potential tenderers during the tender process.

In 2011, Diveva Pty Limited (Diveva) successfully entered into a contract with Council to supply and lay asphalt around Council’s local government area. The contract had a simple “option” clause which merely stated that the period of the agreement was to be two years “with a future twelve (12) month option available”. [...]  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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What part of the Pasteurised Garden Organic Order and Exemption applies to Council and what requirements are expected from Council?

The Mulch Order 2016 applies to unpasteurised/raw mulch which by virtue of the nature and source of the plant material, poses minimal risk of the presence of physical and chemical contaminants and does not include plant material obtained from kerbside waste collection.  Whilst the need for pasteurisation may be dispensed with on the tree clippings obtained from Council’s tree maintenance operations and as such this mulch will only be subject to the provisions in the Mulch Order 2016 and Mulch Exemption 2016 [Click here to see our article: “How do the new Mulch Order and Exemption 2016 impact on Councils’ tree maintenance operations?” https://www.matthewsfolbigg.com.au/news/local-government/new-mulch-order-exemption-2016-impact-councils-tree-maintenance-operations/]. However, if the plant material used for mulch also contains kerbside waste collection or tree material that has a significant risk of contaminants, mulch processed from such a mixed source may pose a risk of the presence of contaminants and therefore falls outside the definition of mulch in the Mulch Order 2016. Mulch of this kind is regulated by Pasteurised Garden Organic Order 2016 (PGOO) and Pasteurised Garden Organic Exemption 2016 (PGOE). [...]  READ MORE →

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Online Development Applications

The NSW Department of Planning and Environment (the Department) has announced plans to move the lodgement of Development Applications (DAs) online, saving significant time for applicants.

The average time taken to prepare and submit a traditional DA is up to ten (10) days. The Department’s proposed online system has the potential to reduce this time to thirty (30) minutes.

Whilst some Local Councils currently allow online submissions of DAs, the Department proposes a unified system which will be a “one stop shop” for development applications and complying development certificates. In the future the system will connect any type of application to be lodged to any local council within New South Wales. [...]  READ MORE →

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Vesting of Transferable Crown land in Local Councils

A new piece of legislation concerning the management of Crown land was assented to in November 2016 which now allows the Crown to vest land in local Councils by way of a gazette. Some provisions of the Crown Land Management Act 2016 (NSW) (CLM Act) came into force on 16 November 2016. Although many of the provisions in the CLM Act have not yet come into force, one major part of the legislation that is in force is the empowerment provided to the NSW Government to vest certain Crown land to Council. [...]  READ MORE →

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How do the new Mulch Order and Exemption 2016 Impact on Councils’ tree maintenance operations?

Many local councils have long established practices to process tree clippings from its tree maintenance operations through its wood chipping machine into leaf and woodchip. As part of the pasteurisation process, the leaf and woodchip is then stockpiled in concrete bays for months and turned over and hosed on a regular basis. The finished mulch product will then be used as surface mulch to suppress weeds on councils’ gardens in parks, reserves and street scape plantings. Some councils also regularly supply this mulch to local schools and residents, sometimes free of charge. [...]  READ MORE →

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Proposed Amendments to the Environmental Planning & Assessment Act

On 9 January 2017 the NSW Government announced a number of proposed amendments to the Environmental Planning & Assessment Act 1979 (NSW) (EP&A Act). The Minister for Planning, Ben Stokes stated that the proposed amendments are aimed to “build greater confidence in the planning system by enhancing community participation, strengthening upfront strategic planning and delivering greater probity and integrity in decision-making”. To begin the process, Minister Stokes released a public consultation draft of the Environmental Planning and Assessment Amendment Bill 2017 (the draft Bill) on 9 January 2017. The draft Bill will be exhibited until 10 March 2017 for public consultation and Council can make a submission in response to it any time before that date. [...]  READ MORE →

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Environmental Law Update – Proposed Changes to Local Government Tendering

The Local Government Amendment (Red Tape Reduction) Bill 2014 (‘the Bill’) has recently been introduced in NSW Parliament.

The Bill proposes a number of amendments to the Local Government Act 1993 (NSW) and the Local Government (General) Regulation 2005 (NSW) in respect of local government tendering.

The first amendment proposed by the Bill relates to joint or collective local government tendering. Under the current law, councils undertaking joint procurement must each separately resolve to accept a tender. The Bill proposes to remove the restriction on the delegation of tenders by councils in order to facilitate group purchasing by councils without the need to go back to each individual council for endorsement. [...]  READ MORE →