In the Zone :: Sparke Helmore

Welcome to the In the Zone quarterly update repository, your online resource for information and insights about planning, the environment and local government.

If you have any questions arising from issues covered in our updates, please don’t hesitate to contact a member of the team.

13 articles available. Showing 1 - 10.

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21 October 2025 | New NSW Planning Reforms – Part 5 – Part 5 of the EPA Act and Infrastructure

In our final article we delve deeper into the proposed amendments to the NSW Environmental Planning and Assessment Act 1979, with a particular focus on the proposed changes to Part 5 of the Act.

20 October 2025 | New NSW Planning Reforms – Part 4 – Standardisation & Efficiency

In this article we delve deeper into the proposed amendments to the NSW Environmental Planning and Assessment Act 1979, with a particular focus on the changes that are aimed at standardisation and efficiency.

17 October 2025 | New NSW Planning Reforms – Part 3 – Development Assessment

In this article we delve deeper into the proposed amendments to the NSW Environmental Planning and Assessment Act 1979, with a particular focus on the changes related to development assessment.

16 October 2025 | New NSW Planning Reforms – Part 2 – Administration and Planning Authorities

In this article we delve deeper into the proposed amendments to the NSW Environmental Planning and Assessment Act 1979.

30 September 2025 | In the Zone - October 2025

We cover significant NSW court decisions and legislative updates from the past three months. Issues: Confirmation that assessment of biodiversity impacts is principally done under the Biodiversity Conservation Act 2016 where it applies; Court permits joined to Class 1 appeal where Applicant and Council had entered into commercial agreement; Court finds substitution of experts amounts to impermissible 'expert shopping'; Court reinforces high bar for noise prevention notices; Builder prosecuted for carrying out development without development consent; Court of Appeal finds development consent for coal mine invalid because of IPC's failure to consider impacts of climate change on the locality; Federal Court grants application for maximum costs order in public interest litigation before ultimately dismissing proceedings; Federal Court finds no case in negligence for Commonwealth's failure to set greenhouse gas emissions targets based on science; High Court rules in favour of Aboriginal Land Council on unused Sydney bowling club; Formal recognition of native title for the First Peoples of the Millewa-Mallee; Landmark's 'advisory opinion' states that nations can be held legally accountable for their greenhouse-gas emissions.

22 September 2025 | New NSW planning laws aim to speed up housing

The NSW Government is proposing significant reforms to the Environmental Planning and Assessment Act 1979 (NSW).

1 July 2025 | In the Zone - July 2025

We cover significant NSW court decisions and legislative updates from the past three months. Issues: Chief Judge finds Commissioner erred in his interpretation of zone objective and expresses preference for s 34 agreements rather than consent orders; Court holds landowner has no right to appeal development control order given to lessee;Affordable housing contributions conditions determined to be severable from development consent; Modification of "expired" development consent declared by the Court to be invalid; Court finds development application is 'integrated development' despite applicant not electing it as such; and High Court confirms environmental group has standing to bring civil enforcement proceedings to enforce obligations of the Forestry Corporation of NSW.

2 April 2025 | In the Zone - April 2025

We cover significant NSW court decisions and legislative updates from the past three months.

Issues: Class 1 appeal dismissed despite provision of consent orders by the parties; Court decision opens the door for hair and beauty salons in industrial zones; DA for Rural Land Sharing Community refused because of bushfire safety and access concerns; Land and Environment Court rejects "novel" challenge to validity of development consent on grounds of apprehended bias; Landowners challenge Minister's decision impacting water access entitlements; Council's insistence on compliance with DCP planning controls held not to be discriminatory under the Anti-Discrimination Act 1977; High Court confirms head contractors, developers and builders with supervisory role cannot contract out of civil liability in negligence by delegation of construction work to others; High Court clarifies limits on Commonwealth power in native title cases.

31 March 2025 | Biodiversity Conservation Amendment (Biodiversity Offsets Scheme) Act 2024 (NSW)

The Scheme regulates offsets and is intended to offset the impact on biodiversity values after action is taken to avoid or minimise impacts of clearing and/or development.

19 December 2024 | In the Zone - December 2024

We cover significant NSW court decisions and legislative updates from the past three months.

Issues: Full Federal Court dismisses appeal against decision that applicant failed to establish fuel reduction burns are likely to have a significant impact on the Southern Greater Glider; fuel supply company fined over pollution of Mittagong Creek and surrounding land in oil spill; Land and Environment Court finds inadequate access for bushfire fighting purposes warrants refusal of rural residential subdivision; revocation of Interim Heritage Order; Fine ordered for contempt of court after failure to comply with consent orders; Court dismisses Council’s motion for costs following discontinuance of Class 1 appeal; Court admits expert report despite Council’s objection on lack of clarity regarding authorship.

13 articles available. Showing 1 - 10.

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