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Category: Planning, Environment & Government

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Mosman Streetscape or Private Parking? Court's Decision Draws the Line
Car Space Causes Controversy in Mosman Case Note: CAHCJH Pty Ltd v Mosman Municipal Council A recent Land and Environment Court decision highlights the importance of not underestimating the significance...
PEG- Nightlife Article of LinkedIn Post (Madison Marcus)
Sound Control & Nightlife Harmony: How NSW’s Special Entertainment Precincts Are Shaping a Vibrant Nightlife Economy
Regulating Noise Levels in Licensed Premises The NSW Government’s latest initiative is transforming how communities thrive after dark, offering an intuitive approach to managing the night-time economy. By regulating operating...
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How Fast is Your Council? Understanding DA Assessment Times and the New League Table
League Table & DA Assessment Times The NSW Government has recently introduced a league table that ranks all NSW councils by the average number of days the council takes to...
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Public Interest v Market Forces: Supporting Housing Diversity and Affordability
The City of Sydney Council is often at the forefront of town planning policies designed to control housing diversity and affordability.  The City’s latest initiative is designed to curtail an...
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Navigating Urban Heat Island Mitigation: Key Land and Environment Court Decisions in Penrith
This article examines two decisions of the Land and Environment Court, one very recent and the other relatively recent, where the Court considered planning controls designed to mitigate the “urban...
Navigating Planning Law LinkedIn Post (Madison Marcus)
PREFAB REVOLUTION: Navigating Planning Law Requirements for Prefabricated Buildings
This article summarises the current law and case law concerning approvals for prefabricated homes in NSW. The role of prefabricated buildings in addressing the housing crisis has been the subject...
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Rigid Rules on Bushfire Safety: A Legal Breakdown of Shoalhaven City Council vs. Easter Developments
Case Note: No Flexibility When it Comes to Bushfire Protection Planning for Bushfire Protection 2019 (“PBP”) is the preeminent guide for new development on bushfire prone land in NSW.  A...
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Design & Building Practitioners Act 2020 - Liability of Registered Certifiers
Explore the implications of the University of Sydney v Multiplex Constructions Pty Ltd [2023] NSWSC 383 case. Understand the broad definition of "construction work," how recent case law impacts your...
Heritage Article 19 APR 2024 Blog
Navigating Heritage: The Challenge of Development Consent for Demolishing Contributory Items in Conservation Areas
A recent decision of the Land and Environment Court demonstrates the difficulty in obtaining development consent to demolish a contributory item within a Heritage Conservation Area. In the case of...
PEG Article 07 MAR 24 Blog
Resolving Development Disputes: Eskander v Georges River Council
In the recent decision of Eskander v Georges River Council [2024] NSWLEC 1006 the Land and Environment Court dealt with two issues that frequently arise in the assessment of development...
PEG Case Law Update 31 JUL 23 LI
Case Law Update – Physical Commencement of a Development Consent 
A recent decision of the Land and Environment Court in Fabemu (No 2) Pty Ltd v Kiama Municipal Council [2023] NSWLEC 79 is an example of the pitfalls in attempting...
MM-Blog Content 24 MAY 2023 - 04
What Do Easements Mean for Your Land Rights?
e significant implications for property owners and developers alike. If you want to understand more about property law, this article is for you. We’ll provide an overview of what easements...
MM-Blog Content 24 MAY 2023 - 03
EPBC Act: What Project Developers in Australia Should Know
nment for future generations. That’s where the EPBC Act comes in. This legislation, also known as the Environment Protection and Biodiversity Conservation Act 1999, is designed to protect and manage...
MM Legal Wise - LI-v2.1
NSW Environment and Planning Law Forum
In-depth discussions on exisiting use rights in Environmental & Planning Law, including Madison Marcus Legal experts Sophie Whealy and Michael Mantei.  A Continuing Professional Development Event for Lawyers by Legalwise Seminars Register now: bit.ly/3mR7n13 #development#planning#law#environmental#legal#beempowered
PEG Case Law Update 11 JUL 22
PLANNING, ENVIRONMENT & GOVERNMENT CASE LAW UPDATE 12/07/22
EXISTING USE RIGHTS Article written by Michael Mantei, Monday 11 July 2022 A roadside fruit and vegetable store in the Penrith suburb of Llandillo is the subject of the latest...
Planning & Environment Article 22 JUN 22[15]
DUAL OCCUPANCY AS COMPLYING
DEVELOPMENT UNDER THE CODES SEPP
DEVELOPMENT UNDER THE CODES SEPP A recent article in the SMH online highlights the rise of dual occupancy approvals in Greater Sydney. Many of these approvals are by complying development...
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PLANNING, ENVIRONMENT & GOVERNMENT CASE LAW UPDATE
RIHANI V WAVERLEY COUNCIL [2022] NSWLEC 1292 Article written by Michael Mantei Case Law UpdateRihani v Waverley Council [2022] NSWLEC 1292The recent decision of the Land and Environment Court in...
Awards 18 AUG 2022-batch1c10
What Is Sustainable Governance?
Sustainable governance is a framework for organisations to manage their sustainable development goals and objectives. Its concept encompasses all aspects of an organisation’s operations, from environmental to social and economic...
Awards 18 AUG 2022-batch1c3
Divorce Law and Family Law: Issues You Need to Discuss With Your Family Lawyer
In Australia, there are some specific laws and processes that must be followed to legally divorce. This guide will outline some of the key points to keep in mind if...
Awards 18 AUG 2022-batch1c9
How Environmental Rights Are Recognised
Most businesses in Australia are now aware of the importance of following environmental law. This is because any development project may have significant consequences for the environment.  With this, the...
Awards 18 AUG 2022-batch1c8
Environmental Law and Development: Creating the Right Environment for Success
As a developer or builder, it is important to be aware of environmental law and how it affects your work. By creating development projects in accordance with environmental regulations, you...
Awards 18 AUG 2022-batch1c7
How Is Planning, Environment and Government in Australia Related?
Planning and environment are important considerations in any country, but they are especially critical in Australia. These must be carefully managed to protect the country’s natural resources and ensure the...
Awards 18 AUG 2022-batch1c5
What Is Planning and Environmental Law?
If you are an indivudual or company involved in the business of redevelopment of land, having knowledge about planning and environment law is essential if you want to avoid delays...
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A GUIDE TO PETROLEUM LAW IN AUSTRALIA
Finding your way through the petroleum law in Australia can be tedious. If you need legal assistance in relation to petrol law, contact us at Madison Marcus.
Western Sydney Airport Forces Rezoning of Properties
Western Sydney Airport forces rezoning of properties – where does this leave residents? In October 2020, the NSW Government rezoned all land surrounding the airport at Badgerys Creek. The rezoning...
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PLANNING E ALERT: REFORMS TO DEVELOPMENT CONTRIBUTIONS AND LEVIES
Back in November, the NSW Premier, Gladys Berejiklian, highlighted four crucial areas of reform to the NSW planning system for 2020, including addressing the uncertainty of developer contributions to propel...
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THE COVID-19 IMPACT ON PLANNING AND DEVELOPMENT IN NSW
The NSW Minister for Planning and Public Spaces, Rob Stokes, has recently issued a number of Ministerial Orders in response to COVID-19 which effects the way planning and development will...