Planning

Planning Law Reforms

PLANNING LAW REFORMS

A major overhaul of the Environmental Planning & Assessment Act 1979 is underway, via the Environmental Planning & Assessment Amendment Act 2017. Most of the changes commence on 1 March 2018, but a number require further consultation and development and will be phased in over time. The NSW Department of Planning & Environment (“DPE”) has information online about when various provisions are expected to commence. Please click here for further information.

Strata Renewal - Lot Owners' Consent is Required for DA

Each lot owners’ consent is required for any DA relating to the ‘whole’ strata scheme

Under the new Part 10 strata renewal provisions in the Strata Schemes Development Act 2015 (SSDA 2015) there is no special power given to an owners corporation to lodge a development application over all lots.

Certifiers Under Fire

We explore below three of the significant recent developments in case law concerning building certification practices.

Land and Environment Court - Class 1 Residential Development Appeals Flowchart

Please see below a document setting out the basic steps, requirements and timeline for Class 1 Residential Development Appeals in the New South Wales Land & Environmental Court.

Difficulties Getting a Contractor's Licence or HOWI

The Home Building Act 1989 operates in many unexpected ways, for instance a lot of its focus is on managing insurance risk of Builders as opposed to managing quality of construction.

A glaring example of this is that if a licenced contractor is unable to obtain the home warranty insurance from the Home Building Compensation Fund it can perform residential building works of less than $20,000 or construct new residential buildings of four or more storeys of any value  (even tens of millions of dollars).

Voluntary Planning Agreements: Useful Strategy for Developers

Voluntary Planning Agreements involve developers making agreed contributions to councils and other consent authorities, which can be applied to public purposes. The way in which contributions are made vary widely, as do the benefits received by developers in return.

Minimising The Cost Of Obtaining Development Approval

Obtaining development approval is one of the necessary first steps for completing a major renovation or new development. Delay in obtaining development consent can greatly increase holding costs and result in purchase options lapsing before approval is obtained. Given that either scenario can make or break the viability of a development it is important to minimise any such delay.  This article explains some options to minimise the time taken to have a development application (“application”) determined.

Do You Need Council Approval For Your Renovations?

Renovations to strata units may require council approval. This will depend on the nature of the renovations, as well as the council involved. It will differ from council to council, so it is always a good idea to check.

Rock Anchor and Scaffolding Licences

Further to Bannermans article on Crane Airspace Licences, owners can be approached by a developer carrying out development on an adjoining site, requesting a licence to install scaffolding upon or rock anchors beneath their land.