The Environmental Planning and Assessment Regulation 2021 (‘EP&A Reg 2021‘) commences on 1 March 2022 with the Environmental Planning and Assessment Regulation 2000 (‘EP&A Reg 2000‘) to be repealed on the same day. The NSW Government has stated that the…
Reasonable Endeavours for Public Authorities
21 Feb, 2022
The decision of the Supreme Court in 123 259 932 Pty Ltd v Cessnock City Council (No 2) [2021] NSWSC 1329 is a reminder that public authorities should exercise caution when entering into contracts that require the authority to take reasonable action…
LEC Upholds IPC Approval of Narrabri Gas Project as Climate Change Litigation Takes Aim at Gas
20 Dec, 2021
Debate about the transition away from fossil fuels has recently focused in on plans for increased gas production, with Santos’ Narrabri Gas Project (Project) being a key feature of the NSW Government’s plans for the future of gas production in…
ALERT: BASIX Higher Standards on Public Exhibition
18 Nov, 2021
Proposed increases to Building Sustainability Index (‘BASIX‘) requirements have just been released by the DPIE for public consultation (‘Higher Standards‘). The consultation period closes on 17 January 2022. BASIX is a scheme created by the Environmental Planning and Assessment Regulation…
Proposed reforms to the Environmental Planning and Assessment Regulation 2000: Further Observations
30 Aug, 2021
In an earlier post, we alerted readers that on 5 August 2021 the Department of Planning, Industry and Environment (DPIE) released for public consultation the draft Environmental Planning and Assessment Regulation 2021 (Draft EPA Reg). The Draft EPA Reg is…
A draft State Environmental Planning Policy (Housing) 2021 (Housing SEPP), together with a draft Environmental Planning and Assessment Amendment (Housing) Regulation 2021 (Proposed Regulation) and draft Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021 (Proposed Standard Instrument), has been released…
In recent years, biosecurity has been a salient topic among policymakers and practitioners. The global COVID-19 pandemic, as well as the accelerated biodiversity loss attributed to the arrival and spread of new species, have only served to highlight the importance…
An important consideration in the assessment of many development applications is whether the relevant floor space ratio (FSR) controls have been complied with.