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Quality and consistency through collaboration

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.

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3 February 2026 | Planning alert - Establishment of the Development Coordination Authority

On Thursday 11 December 2025 the Development Coordination Authority formally commenced.
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16 December 2025 | In the Zone - December 2025

We cover significant NSW court decisions and legislative updates from the past three months. Issues: Applications for joinder, Failure to consider Aboriginal cultural heritage under the Western Sydney Aerotropolis Precinct Plan, Clause 4.1E supports minor boundary adjustments, not the extinguishing and redesign of lots through re-subdivision, Assessment of biodiversity impacts no longer exclusive to the Biodiversity Conservation Act 2016, NSW Environmental Planning and Assessment Amendment (Planning System Reforms Act) 2025, Cth Environment Protection Reform Act 2025, New Class 9 LEC jurisdiction for councillor misconduct and public interest proceedings, Challenges to Woodside's North West Shelf extension, Court orders action to protect threatened species,, and Appeal filed in landmark climate change class action.
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21 November 2025 | Passed - New NSW planning laws aim to speed up housing

The Environmental Planning and Assessment Amendment (Planning System Reforms) Bill 2025 was passed by the Parliament on 11 November 2025.
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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.
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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.
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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.
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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.
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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.
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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).
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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.

Contact

Alan McKelvey
Alan McKelvey
Partner
t: +61 2 4924 7309+61 2 4924 7309
m: +61 410 459 853+61 410 459 853
o: Newcastle
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Catherine Morton
Catherine Morton
Partner
t: +61 2 9373 1447+61 2 9373 1447
m: +61 420 279 858+61 420 279 858
o: Sydney
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Naomi Simmons
Naomi Simmons
Partner
t: +61 2 4924 7325+61 2 4924 7325
m: +61 410 415 416+61 410 415 416
o: Newcastle
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