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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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2 July 2024 | In the Zone - July 2024 Update

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

Issues: High Court delivers practical guidance on jurisdictional error and materiality in unanimous decision; Chief Judge provides further guidance on the "substantially the same" test; Chief Judge clarifies requirements for establishing Asset Protection Zones in compliance with Planning for Bushfire Protection 2019; Court of Appeal overturns decision on standing finding that an incorporated community association demonstrated a 'special interest' in the subject matter; Land and Environment Court finds that proceedings were commenced within 3-year limitation period, despite authorised officers suspecting offence was committed 12 years earlier.

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19 March 2024 | In the Zone - March 2024 Update

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

Issues: Court of Appeal overturns a decision about delegated authority; Land and Environment Court finds Council officers cannot be charged under executive liability provisions of the POEO Act; SEPP "rural land sharing community" provisions are considered for the first time; Commissioner Espinosa considers the 'substantially the same' test required for a Modification Application; A clause 4.6 request to vary a development standard is put under the microscope.

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
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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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