Publications (1588)

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

 

Facts in Yao v Liverpool City Council [2017] NSWLEC 1167

A revised planning principle has provided greater flexibility in the determination of development applications for Sex Services Premises where there are no relevant planning controls.

Advertising within transport corridors and on road areas is a common place form of development that is increasing and evolving. Digital technology encourages seamless and constant changes to advertising content with opportunities for dynamic advertising as opposed to static signage. Road safety has been at the forefront of the NSW State Government's mind in considering this changing form of development. 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.  Transport corridors include certain land used, zoned or identified for rail or road infrastructure as well as certain land owned, occupied or managed by Roads & Maritime Services (RMS) or Sydney Trains.

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).

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.

Even when a decision maker has been given broad discretion, certain errors can vitiate his or her decision. When a statute gives a person, be it a council officer, a delegate, or a Minster, power to make a decision, that decision must be made in accordance with the statute. As the Court found in Millers Point Community Assoc. Incorporated v Property NSW [2017] NSWLEC 92, a misunderstanding of a key term or phrases in the statute may mean a decision is affected by an error of law and has no legal effect.

The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP) allows home owners to develop property without lodging development applications with Council where the development is classified either as exempt, requiring no consent, or complying, requiring certification from an accredited certifier or Council.

 

Welcome to our Newsletter, bringing you the latest in Intellectual Property, Technology and Media Law news.

 

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