Legal Update

Pikes & Verekers Lawyers regularly publishes a Legal Update on matters of interest to our clients. These updates include snapshots of legal developments and case notes.
Below is an archive of these updates.

August 2020
  • NSW Planning and Certification Reform Continues Apace
  • Changes To Planning And Court Legislation Arising From Commencement Of Building And Development Certifiers Act On 1 July 2020
  • Deferral Of Some Developer Contributions
  • NSW Planning Reform Action Plan
  • Proposed Housing Diversity SEPP

May 2020
  • A sky or building sign? The difficulties in construing old consents
  • NSW local government, planning and environmental law reform continues amid covid-19

April 2020
  • NSW legal measures amid COVID-19 pandemic
  • Procedural fairness requirements when issuing development control orders
  • When is an easement not an easement?
  • Local government and planning amendments to support those affected by the bush fires
  • Court of Criminal Appeal explains POEO Act provisions relating to state of mind in sentencing corporations and executives for offences
  • Limitations on power of council to make interim heritage orders
  • LEC explains available grounds for judicial review of complying development certificates

December 2019
  • Admissibility of record of interviews in criminal proceedings
  • Terrestrial biodiversity clause (6.4) does not derogate from incorporated provisions
  • Care needed maintaining Independence of experts

October 2019
  • New building and subdivision certification regime commencing 1 December 2019
  • Clause 4.6 variation not required to exceed height & FSR standards In LEP for Seniors housing under SEPP

September 2019
  • Court clarifies documents to be considered when interpreting a development consent
  • Case note on recent PVL matter
  • Court clarifies meaning of "waste" and "waste facility" under POEO Act
  • "Substantially the same "requirement explained by Land and Environment Court
  • A bit more on cl. 4.6

July 2019
  • "Amber Light" - Soon to Turn Red?
  • Court of Appeal clarifies recoverable business losses for some compulsory acquisitions
  • Even more on cl.4.6

June 2019
  • Firm News
  • Court Clarifies Relationship Between Executive Liability Provisions In POEO Act
  • Court Upholds Reliance On Information Obtained Under Compulsory Notice
  • Court Clarifies Powers Regarding Site Compatibility Certificates
  • The "Stadiums Case" - Infrastructure NSW Wins A Battle Of Two Halves

April 2019
  • Firm News
  • Court Clarifies Relationship Between Executive Liability Provisions In POEO Act
  • Court Upholds Reliance On Information Obtained Under Compulsory Notice
  • Court Clarifies Powers Regarding Site Compatibility Certificates
  • The "Stadiums Case" - Infrastructure NSW Wins A Battle Of Two Halves

September 2018
  • New Crown Land Management Act 2016 (NSW)
  • When is a Panel not the Panel?
  • Low Rise Medium Density Housing Code
  • Courts Examine Investigative Powers For Planning And Environmental Breaches
  • More On Clause 4.6

June 2018
  • A summary of the changes in the legislation
  • State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Low Rise Medium Density Housing) 2017
  • Case note on Ku-ring-gai Council v Chan [2017] NSWCA 226
  • Section 96 Modification - Change of Location of Driveway to More Flood Prone Area "Not Substantially the Same Development"
  • Whose Wall is That? - Council powers under Item 21 Section 124 Local Government Act 1993

May 2018
  • A summary of the changes in the legislation
  • Complying Development Certificates ("CDC") provisions
  • New Part 6 of the Act
  • State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Low Rise Medium Density Housing) 2017
  • Case note on Ku-ring-gai Council v Chan [2017] NSWCA 226

December 2017
  • The legal principles governing the exercise of the power contained in s96 (2) of the EP&A  Act

November 2017
  • Development Applications for Contaminated Land - Getting it Right

October 2017
  • State Environmental Planning Policy (Educational Establishments and Childcare Facilities) 2017
  • Be Careful Not to Extend the Sopped Clock!

June 2017
  • Section 96 Application - "Substantially the Same Development"
  • Immediate Production of All Documents Not a Reasonable Requirement
  • Clause 26 of SEPP (Housing for Seniors or People with a Disability) 2004 - Prohibition or Development Standard

April 2017
  • Retail Leases Amendment (Review) Act 2017 No 2

March 2017
  • New Land and Environment Court Practice Note for Class 1 Development Appeals
  • New Conciliation Conference Policy

August 2016
  • Identification Requirements for NSW Conveyancing Transactions from 1 August 2016.

July 2016
  • Clause 4.6 Variations - Not as Tough as Recent History Suggests?
  • Independence of Expert Witnesses
  • Do You Need a Law Degree Before Issuing a Complying Development Certificate?
  • Residential Development Appeals
  • Legal Professional Privilege - Be Careful What You Disclose

January 2016
  • Pikes & Verekers' News
  • Clause 4.6 Variations - Not as Tough as Recent History Suggests?
  • Complying Development - How it Can Go Wrong and the Consequences
  • Temporary Users Under The Standard Instrument - Assessment of Impacts

August 2015
  • Pikes & Verekers’ News
  • Costs against Council in a Class 1 Appeal for Unreasonable Conduct
  • Land and Environment Court Refuses to Make Consent Orders

May 2015
  • Pikes & Verekers’ News
  • Prosecution For NonCompliance With Section 121B Order - Unauthorised Building Works
  • Prosecution For Unauthorised Use As Horse Transport Business
  • Injunction Proceedings - Dance Party
  • Prosecution For Unauthorised Demolition Of Rural Homestead
  • Prosecution For Unauthorised Demolition In A Heritage Conservation Area

March 2015
  • Pikes & Verekers’ News
  • Time Limits To Lodge Class 1 Appeals – A Timely Reminder
  • Power Of The Land & Environment Court To Order Attendance At A Section 34 Conference
  • Section 34 Conference – Duty To Participate In Good Faith

October 2014
  • Pikes & Verekers’ News
  • Clarification of “Shop Top Housing” in the Standard Instrument
  • Prosecution Investigation Costs
  • Prosecution Publication Orders
  • The Owner must be joined in Civil Enforcement Proceedings
  • Withdrawal of Guilty Plea

August 2014
  • Pikes & Verekers’ News
  • Keeping Section 94 Plans up to date
  • Prosecution Investigation Costs
  • Demolition of Contributory Item in a Heritage Conservation Area
  • Alteration of Contributory Item in a Heritage Conservation Area
  • Modification of Development Consent – “Substantially the Same Development” – Still a Tricky Question

May 2014
  • Pikes & Verekers’ News
  • Third time unlucky for developer
  • Council not liable for establishment of threatened species on development site
  • When are services provided not professional services in the construction industry?

February 2014
  • Pikes & Verekers News
  • Section 34AA Conciliation/Arbitration - A Bird in the Hand
  • Take-away food shop added to Place of Worship, not substantially the same development
  • Twenty year time limited consent for a dwelling held to be unreasonable
  • New Planning Principle for what constitutes alterations and additions
  • When is a pharmacy a shop?

August 2013
  • Pikes & Verekers News
  • A Victory for Common Sense – Court Upholds Council Clean-up Order
  • Twenty year time limited consent for a dwelling held to be unreasonable
  • Resolution of Conflict between LEP and DCP
  • Only Lawful Work will Prevent the Lapsing of a Consent
  • An Updated Planning Principle
  • LEP Savings Provision
  • Application of Planning Principle – Demolition in a Heritage Conservation Area

May 2013
  • Buyer Beware
  • It "really stinks" and "might be annoying", but it isn't an abuse of process
  • Drinking is harmful to your health
  • A Planning Principle on Public Domain Views

February 2013
  • Legal Professional Privilege
  • When a Developer goes bust who is to blame?
  • Definition of “Depot” under the Standard Instrument
  • First in best dressed?
  • Complying Development Certificate Declared Invalid
  • Class 1 Development Appeals- Power to amend where there is an objector

December 2012
  • Development Control Plans: clarification of the status quo or a watering down of development controls?

November 2012
  • Development Control Plans: clarification of the status quo or a watering down of development controls?

September 2012
  • Existing use rights – change to a permissible use – do development standards apply?
  • Court’s discretion – still wide and unfettered
  • Lapsing of development consent
  • When is a storey not a storey?

August 2012
  • Introduction
  • When is a storey not a storey?
  • The complexities of a complying development certificate
  • Check the fine print - when is a condition precedent to the issue of a construction certificate?
  • Lapsing of development consent
  • Council order ruled invalid for uncertainty
  • If in doubt, stay out

July 2012
  • Green paper on planning reform
  • If in doubt, stay out
  • Last gasp for smokers?
  • Court orders easement over council parkland

May 2012
  • Pikes news
  • Council order ruled invalid for uncertainty
  • Affordable housing development fails character test
  • Expert witnesses - conflicts and confidentiality
  • Withdrawal of expert witness and costs in class 1 proceedings

April 2012
  • Pikes news
  • Contempt of Court - Carwash operator avoids imprisonment

February 2012
  • Pikes news
  • Section 94 Contributions - Still being litigated