Property and Planning

Harsh, Unconscionable and Oppressive By-Laws

Paul Jayne 22/07/2021

In 2020, the New South Wales Court of Appeal unanimously decided that a blanket ban on owners in a strata scheme keeping animals was invalid due to it being harsh, unconscionable or oppressive. Owners Corporations should consider whether any by-laws, particularly any “blanket” type by-laws, in their strata scheme would be invalid for being harsh, unconscionable or oppressive, particularly before issuing breach notices to owners.

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Property and Planning

Deferred commencement of a development consent

Paul Jayne 15/07/2021

Being granted development consent with a ‘deferred commencement condition’ can confuse an applicant for consent. Unfortunately, Councils’ themselves are quite often confused by the operation of these conditions and their own statutory role under the Environmental Planning and Assessment Act 1979 (EP&A Act).

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Property and Planning

Merit Appeals in the Land and Environment Court

Paul Jayne 15/07/2021

Litigation should never be a first option – but sometimes there is just no other way forward - when the Council just doesn’t seem to what to progress that development application (or modification application) with any degree of haste, or they just don’t like it and have refused the application.

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Property and Planning

Physical commencement of a development consent

Paul Jayne 15/07/2021

Once a development consent is granted by Council (or the Land and Environment on an appeal) the lapsing clock starts ticking. If the lapsing period is not specified in the Notice of Determination, then the default period is 5 years from the date of determination (or date nominated on the Notice). A shorter lapsing period can be expressly specified – but in any case, it cannot be less than 2 years. Once a consent lapses it cannot be revived - it is lost.

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