Planning, Environment and Government Newsletter – August 2017

18 August 2017

Welcome to the August 2017 edition of HWL Ebsworth’s Planning, Environment and Government e’Newsletter for New South Wales.

We trust that you will find the information in this edition useful, timely and practical.

HWL Ebsworth’s Planning, Environment and Government Group offer strong planning advisory expertise and a forward thinking approach to planning and environmental law. Please forward this e’Newsletter to anyone who you believe may be interested in these articles.

A Sirius misunderstanding: Millers Point Community Assoc. Incorporated v Property NSW [2017] NSWLEC 92

In the recent decision of Millers Point Community Assoc. Incorporated v Property NSW [2017] NSWLEC 92 the decision not to list the well-known brutalist landmark, the Sirius building at the Rocks, was declared invalid. Although the decision in this case was invalidated by a misunderstanding of key terms in the Heritage Act 1997,  the decision has important ramifications for other administrative decision makers whose authority is enlivened by receipt of a recommendation. There may be mandatory considerations which apply to their decision making which are not immediately obvious on the face of the act.

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Revised Planning Principle for Sex Services Premises: Yao v Liverpool City Council [2017] NSWLEC 1167

A new planning principle has provided greater flexibility in granting consent for Sex Services Premises applications where there are no planning controls.

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Oberlechner and how the narrow construction in Roman can be met

In our recent article we reported on the test for when the statutory immunity of Roads Authorities under s45 of the Civil Liability Act 2002 (CL Act) will be disengaged when the leading authority set in North Sydney Council v Roman (2007) 69 NSWLR 240 (Roman) was challenged in Nightingale v Blacktown City Council [2015] NSWCA 423 (Nightingale).

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State Environmental Planning Policy Review

The NSW Government has been undertaking a comprehensive review of the State Environmental Planning Policies with a view to simplifying and reducing complexity without compromising the rigour required for assessment and consideration of state and regionally significant development. In this section we review 3 of the current draft and recently commenced changes that have been part of the review. We will further update the SEPP review in further editions of this newsletter.

  • Changes to Outdoor Advertising and Signage – Transport Corridors, Roads & Road Related Areas

In late 2015 and early 2016 the NSW Government publicly exhibited draft changes to the Transport Corridor Outdoor Advertising and Signage Guidelines. Those draft guidelines sought to respond to road safety risks presented by new technology signage with the addition of specific criteria for electronic signs in transport corridors.  This year, the state government is proposing changes to SEPP 64 – Advertising and Signage which seek to promote driver safety through decluttering and better regulating signage in highly visible road and transport corridor lands

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  • Scope of Infrastructure SEPP to be expanded

As part of a broader review of State Environmental Planning Policies, amendments have been proposed to State Environmental Planning Policy (Infrastructure) 2007 (Infrastructure SEPP). The amendments are presently being considered following a public consultation process. The amendments propose inclusion of an expanded range of development under the Infrastructure SEPP. Some of the amendments may prove to be controversial, particularly those that facilitate commercial and residential development not otherwise permissible under local controls.

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  • New Housing Code in the State Environment Planning Policy (Exempt and Complying Development Codes) 2008

On Monday,17 July 2017 the Housing Code in Part 3 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) replaced the previous General Housing Code. The Housing Code is being touted as a more simplified code that more easily identifies development standards for complying development in relation to the construction of new or alterations and additions to, single or double storey dwelling houses.

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