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Court of Appeal gives reasons about reasons: what reasons for the original consent can be taken into account in a s4.55 modification?

Key findings s4.55(3) of the Environmental Planning and Assessment Act 1979 (EPA Act) provides relevantly that: In determining an application for…

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Caselaw on compliance with development standards reaches new heights? Consent granted despite proven breach of height standard without a cl 4.6 request still valid 

The recent Court of Appeal decision in El Khouri v Gemaveld Pty Ltd [2023] NSWCA 78 saw the dismissal of…

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When is a Rooming House a rooming house?

The decision of the Tribunal in Studio Homes Victoria Pty Ltd v Brimbank CC late last year [2022] VCAT 1371 cements the…

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VCAT Raises the bar for developers who wish to acquire easements over neighbouring properties

The 10 October 2022 decision of the Victorian Civil and Administrative Tribunal (Tribunal) in Australia Red Hill Real Estate Group…

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Orderly, proper and sound urban planning: WA Supreme Court upholds SAT decision adopting a conservative approach to noise modelling of child care centres in residential areas

The Western Australian Supreme Court, in Sharon Property Pty Ltd v The Presiding Member of the Inner-North Joint Development Assessment…

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Differential emissions licensing: WA Department of Water and Environmental Regulation is open to fundamental structural change.

The 2020 amendments to the Environmental Protection Act 1986 (WA) (EP Act), involved some minor amendments but not major conceptual…

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