No Comments

Planning & Development Law: Amended Plans affixed to Joint Expert Reports

Joint Conferencing

A recent trend occurring in Land and Environment Court Class 1 Development Appeals is where an Applicant’s expert presents at a joint expert report conference with a set of amended plans that the Respondent’s expert is expected to consider for the purpose of the joint report. Often, this occurs where a hearing is listed within a very short time period from the joint conference creating confusion for the Respondent’s expert in relation to whether they are required to consider the amended plans for the purposes of the joint conference.  This trend also creates difficulties for Local Council Respondents in relation to notification of amended plans to objectors, preparation of draft conditions of consent and assessment of the plans prior to the hearing due to the tight time constraints.

Directions in relation to amended plans

Recently, in Landco (NSW) v Camden Council [2017] NSWLEC 86  Robson J made directions as duty Judge in a Class 1 Development Appeal for a similar situation.
Continue reading…

No Comments

Local Councils: Waste Less, Recycle More Grants

The New South Wales Environment Protection Authority (EPA) has released a timetable for the next four years of Waste Less, Recycle More grants.    Waste Less, Recycle More Grants are aimed at stimulating new investment to transform waste and recycling in NSW.  The grants assist Local Councils to recycle more and reduce dumping and littering in their local government areas.

The Grants program is designed to modernise the waste sector in NSW, including for local councils to improve the delivery of waste services to the community and to ensure a clean environment.

Local Councils are encouraged to participate in reducing waste and litter whilst increasing recycling.

A full timetable of the grants is available on the EPA Website.

Funding

Funding for the next four years is $337 million including $30 million for litter reduction grants, $4 million of that is specifically for Council litter grants and $70 million is for Council’s waste and resource recovery projects.

Waste Less, Recycle More

Continue reading…

No Comments

Tree Disputes Between Neighbours in NSW

Often local council lawyers in Sydney are approached by clients in relation to ongoing tree disputes with their neighbours.

The Trees (Disputes Between Neighbours) Act 2006 allows for certain disputes to be adjudicated by the courts.

If a dispute reaches the Land and Environment Court, the Court will not make an order unless the applicant has made a reasonable effort to reach agreement with the neighbour prior to going to court.  As such, a good starting point for disputes which cannot be resolved between neighbours is to seek mediation, this can help to resolve disputes in a cheaper manner than litigation.  Community justice centres across NSW facilitate mediation, it is a free service.  Mediators stay independent and help to facilitate each party to have the opportunity to be heard, keep the discussion on track and help any attempts to make an agreement.

The types of matters than can be adjudicated by the courts are where:
Continue reading…