Dont forget written on notepad
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Mandatory Planning Considerations: Don’t forget the DCP!

In the recent Land and Environment Court (LEC) decision of Ross v Randwick City Council [2025] NSWLEC 89, Justice Pritchard confirmed that a development control plan (DCP) is a mandatory consideration when determining modification applications under the Environmental Planning and Assessment Act 1979 (NSW) (EP&A Act).

The Council’s approval was held invalid, because the assessment failed to engage with the applicable DCP.

Background

On 28 July 2022, ADS Building Designers (ADS) obtained development consent from Randwick City Council (Council) for demolition works and construction of a new two-storey duplex. [...]  READ MORE →

Drawing plans and color palette
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A concept development application, what is it?

What is a Concept Development Application (‘Concept DA’)?

A Concept DA is a type of development application that sets out a proposal at a conceptual level. The Concept DA outlines a proposal that will be the subject of one or more subsequent development applications and may relate to the entire site or just a part of it.

A Concept DA must include a description of the proposed future development. It may also include  more detailed plans for the first stage of the development. If the Concept DA is approved, it permits certain development works to commence without the need for further consent. This is in accordance with s 4.22(1) and (2) of the Environmental Planning and Assessment Act 1979 (‘EPA Act’). The developer can then commence work on the initial stage, while submitting a more detailed development application for the remaining stages, consistent with the approved Concept DA. [...]  READ MORE →

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Application Modification

The recent NSW Court of Appeal case of AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces [2021] NSWCA 112 raises concerns as to the power to modify an existing development consent. The bench included Meagher, Leeming JJA and Chief Judge of the Land and Environment Court Preston CJ.

The case involved an application to modify an underground coal mine in the Hunter Valley. The Court found that the Land and Environment Court judge has erred in joining the objectors and ordered that the joining of the objectors be set aside. [...]  READ MORE →