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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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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.

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4 November 2024 | In the Zone - November 2024 Update

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

Issues: Court of Appeal addresses mandatory relevant considerations for a State significant development; General Manager successfully prosecuted for a Council’s contravention of the Protection of the Environment Operations Act 1997; Court finds “subdivision” by itself of coastal wetlands does not trigger designated development; Court finds “essential services” essential to the grant of consent; Council ordered to disclose legal advice after Court finds Council’s conduct was inconsistent with maintaining confidentiality.

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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
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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