NSW Planning System: Navigating Land and Environment Court

Mark Evans • March 20, 2025

Expert Legal Insights on Development Approvals and Appeals with Planning Lawyer Mark Evans

Navigating NSW development approvals requires a deep understanding of legal frameworks, compliance challenges, and industry regulations.

In this episode, Nathan Battishall (The Residential Developer) hosts Mark Evans, a top legal expert and Director of Whiteacre Legal, to break down the legal intricacies that developers must navigate.

Require further assistance? please do not hesitate to call us on (02) 9145 0900 or make an enquiry below

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Servicing all of NSW, Whiteacre provides expert property law and planning and environment law advice and assistance.

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Physical Commencement of Development Consents – Part Two

By Mark Evans • February 27, 2025

Development consents granted after 15 May 2020 face stricter requirements to determine whether they are substantially commenced and thus remain valid. This article reviews recent case law in New South Wales (NSW) and outlines the types of work that can qualify as physical commencement.

Responsibility for maintenance of shared driveways

By Mark Evans • February 13, 2025

Shared driveways A common example of a shared driveway is where a right of carriageway passes through one neighbours’ (burdened) land into the other neighbour’s (benefited) land.

Tiny Homes, Caravans and Manufactured Homes in NSW Planning Law (Part 2)

By Mark Evans • November 27, 2024

In Part 1, we considered tiny homes and caravans on private land. That article can be accessed here Part 1 . In Part 2, we turn our attention to tiny homes and manufactured homes.

Tiny Homes, Caravans and Manufactured Homes in NSW Planning Law (Part 1)

By Mark Evans • November 22, 2024

In this article we explore tiny homes, caravans, and manufactured homes.

Understanding the Application of Savings Provisions to Development Applications

By Mark Evans and William Jamieson • November 14, 2024

The general rule is that a development application ( DA ) is to be determined based on the law applicable at the time of determination of the DA, not at the time of lodgement: Sofi v Wollondilly Shire Council (1975) 31 LGERA 416.

When subdivision may not be considered development carried out on land

By Mark Evans and William Jamieson • October 31, 2024

Subdivision, alone, may not constitute development “on land” and thus trigger development restrictions.

IPART Review of NSW Biodiversity Credit Market released

By Mark Evans • October 18, 2024

The Independent Pricing and Regulatory Tribunal (IPART) has released a summary of workshops and stakeholders’ submissions concerning the functioning of the NSW Biodiversity Credits Market.

Consent for Unauthorised Works

By Mark Evans and William Jamieson • October 10, 2024

It is now well established that a development consent cannot be obtained to authorise works that have already been carried out. The classic example is a building that has been built without development consent.

Characterisation of Use in Planning Law

By Mark Evans and William Jamieson • September 26, 2024

This article discusses the characterisation of land use in NSW planning law.

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Ownership of Council assets on private land

By Mark Evans and Ryan Post • September 5, 2024

Public infrastructure like sewerage pipes and stormwater pipes were often constructed a long time ago with no development approval or accurate record keeping. Over time, these assets have remained in place and often the local council authority either has no record of the infrastructure or knowledge of the history of construction of the asset or its ownership. Ideally, Council would have an easement registered on title to the subject land. This can cause huge problems when seeking to develop land with old infrastructure emplaced within the subject site.