A recent decision of the NSW Court of Appeal has reaffirmed that care needs to be taken by a council when giving an order under the Local Government Act. At the same time the Court has demonstrated that a practical approach will be taken to interpretation of such an order if its validity is challenged in court proceedings.
For many years now a holiday in an idyllic coastal location along the coast of New South Wales has been considered an Australian tradition attracting many tourists. Many holiday home owners have sought to supplement their incomes by renting out their holiday homes whilst they are not using them. That tradition has supported the development and wellbeing of many of these coastal communities, but it has also been the source of unwanted impacts on local areas. In a recent decision in the Land and Environment Court of NSW a dispute between neighbours is likely to result in a significant change to that long standing Australian tradition.
PART 1: Streamlining the system and increasing the power of the Minister and Statutory Authorities – A brief overview.
Following the release in July 2012 of A New Planning System for New South Wales – Green Paper, the NSW Government has released a White Paper and draft legislation to explore how the system will be implemented. The NSW Government proposes to implement the New System by way of two bills being Planning Bill 2013 – Exposure Draft and Planning Administration Bill 2013. The Government's aim is to provide a simpler, strategic system utilising a performance based approach.
Summary of Hunt Club Commercial Pty Ltd v Casey CC (Red Dot)  VCAT 725
On 20 May 2013, Deputy President Mark Dwyer of the Victorian Civil and Administrative Tribunal ("Tribunal") found that the scope of relevant considerations under the state-wide clause 52.27 (Licenced Premises) is not restricted solely to impacts which manifest themselves into an amenity impact on the surrounding area.
On 15 April 2013, the Victorian State Government provided its official response ("Response") to the recommendations of the Potentially Contaminated Land Advisory Committee's Report ("Report"). The Response is a key step in clarifying and streamlining the existing regulatory frameworks for identifying and managing contaminated sites.
On Monday 6 May 2013, the Minister for Planning after consideration of the Reformed Zones Ministerial Advisory Committee's recommendations released final details of reforms to the Commercial and Industrial zones.
Rose Bay Marina Pty Ltd v Woollahra Municipal Council and anor  NSWLEC 1046.
On 5 March 2013, the Minister for Planning announced the final details on the proposed reforms to Victoria’s residential zones, following consideration of the Ministerial Advisory Committee's recommendations on zone reform.