Legislation

Are “dwelling entitlements” a relic of the past?

In Wilson v Kiama Municipal Council [2026] NSWLEC 1423, our firm acted for the successful applicant seeking development consent for a dwelling on an undersized rural lot on which there was no “dwelling entitlement”.

This case confirms that, while the term “dwelling entitlement” is often used by Councils, planners and developers, it is not a phrase that is used in the modern Environmental Planning and Assessment Act 1979 or any environmental planning instruments made under it.

The real question is whether the provision is a “development standard” or a “prohibition”. If it is a development standard that is amenable to cl 4.6, it is open to the consent authority to grant consent provided the requirements of cl 4.6 are met.

The absence of a “dwelling entitlement” is irrelevant and does not prevent the grant of consent.

Deemed refusal of DAs: Expiry of special COVID-19 provisions

The appeal period for an actual or deemed refusal for an application for development consent has reverted from 12 months back to 6 months following the expiry, on 25 March 2022, of the “prescribed period” introduced by the COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 (COVID Act).

New Coastal Management Framework for NSW

The coastal management framework for NSW has changed. The Coastal Management Act 2016 has been amended and the Coastal Protection Act 1979 has been repealed.

The development controls and approval pathway for coastal development are now found in a new Coastal Management SEPP with certain consequential changes also having been made to the Infrastructure SEPP.

EP&A Act - Substantial Amendments

On 1 March 2018, the Environmental Planning and Assessment Act 1979 was substantially amended in what has been described by the NSW Government as the "biggest overhaul to the Act in 40 years".

Along with numerous substantive changes, the Act has also been completely renumbered.

To support these changes, the NSW Department of Planning & Environment has produced two essential resources which should be reviewed by anyone wishing to understand the scope and import of the amendments to the Act:

  1. a Guide to the updated Act which highlights the key changes made to each Part of the Act; and
  2. a Sections Guide which lists frequently used sections of the pre-amendment Act alongside their new section numbers in the amended Act.

For further information on these amendments and thepotential implications for your development please contact Marcus Steele, Director, on (02) 8005-1411 or marcus.steele@steelelaw.com.au.

 

 

Tasmanian "Protection from Protestors" legislation - Key parts struck down by High Court - Implied freedom of political communication - Implications for NSW

Brown v Tasmania [2017] HCA 43

On 23 October 2017, a majority of the High Court of Australia ruled that key provisions of the Workplaces (Protection from Protesters) Act 2014 (Tas) (Protesters Act) impermissibly burden the implied freedom of political communication arising under the Constitution.