Articles
Our latest video discusses existing use rights, their expansion, enlargement, intensification of use and change of existing use rights.
Planning law changes can create uncertainty for property owners and developers.
In our latest video, we explore how restrictive covenants can be set aside to allow development to proceed under New South Wales planning laws. Learn how consent authorities and the Land and Environment Court approach these provisions and what it means for your project. 🎥 Watch now to understand your options when a covenant stands in the way of your development. 📞02 9145 0900 🌐 whiteacre.com.au
Understanding road closures by local councils in NSW and the appeal process
Existing use Rights
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.
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.
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.
In this article we explore tiny homes, caravans, and manufactured homes.
This article discusses the characterisation of land use in NSW planning law.
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.
This article discusses utilising adjoining land as an Asset Protection Zone for bushfire protection purposes and a recent case which considered the use of adjoining Council land.
This article examines what is desired future character, current measures that local councils adopt to assess desired future character and recommendations to adopt a more strategic planning approach.
This article is about encroachments and what you can do if you find a building or other structure encroaching on your land.
This article considers when a development consent has been physically commenced and examines case law considering physical commencement. Developers and landowners should check their development consents carefully and consider if they are at risk of lapsing.
The decision has important implications for developers with existing consents and parties seeking to challenge the validity of existing consents.
This article provides some practical tips for things to consider when negotiating the purchase and transfer of biodiversity credits.
A boundary realignment must be "minor" to be exempt
In this article, Whiteacre discusses what is characterisation of development in NSW and why it is important for those looking to make an application for development consent.
When governments are faced with the need to take over a private property, they use a process called compulsory acquisition to balance the rights of the landowner with the needs of the community.
In this article, Whiteacre Legal discusses the changes that may have occurred in the challenging task of determining whether a proposed development is consistent with the objectives for the relevant zone.
In this article, you will learn when a registered easement is required for ground anchors in the neighbouring property.
This article entitled "Retaining Walls" contains a video discussing retaining walls and who is responsible for maintaining and repairing them.
This post contains a video that gives a brief introduction to Native Title and its future in Australia. Also discussed are Mabo v Queensland (No 2) and Wik Peoples v The State of Queensland.
Our latest video discusses existing use rights, their expansion, enlargement, intensification of use and change of existing use rights.
Planning law changes can create uncertainty for property owners and developers.
In our latest video, we explore how restrictive covenants can be set aside to allow development to proceed under New South Wales planning laws. Learn how consent authorities and the Land and Environment Court approach these provisions and what it means for your project. 🎥 Watch now to understand your options when a covenant stands in the way of your development. 📞02 9145 0900 🌐 whiteacre.com.au
Understanding road closures by local councils in NSW and the appeal process
Existing use Rights
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.
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.
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.
In this article we explore tiny homes, caravans, and manufactured homes.
This article discusses the characterisation of land use in NSW planning law.
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.
This article discusses utilising adjoining land as an Asset Protection Zone for bushfire protection purposes and a recent case which considered the use of adjoining Council land.
This article examines what is desired future character, current measures that local councils adopt to assess desired future character and recommendations to adopt a more strategic planning approach.
This article is about encroachments and what you can do if you find a building or other structure encroaching on your land.
This article considers when a development consent has been physically commenced and examines case law considering physical commencement. Developers and landowners should check their development consents carefully and consider if they are at risk of lapsing.
The decision has important implications for developers with existing consents and parties seeking to challenge the validity of existing consents.
This article provides some practical tips for things to consider when negotiating the purchase and transfer of biodiversity credits.
A boundary realignment must be "minor" to be exempt
In this article, Whiteacre discusses what is characterisation of development in NSW and why it is important for those looking to make an application for development consent.
When governments are faced with the need to take over a private property, they use a process called compulsory acquisition to balance the rights of the landowner with the needs of the community.
In this article, Whiteacre Legal discusses the changes that may have occurred in the challenging task of determining whether a proposed development is consistent with the objectives for the relevant zone.
In this article, you will learn when a registered easement is required for ground anchors in the neighbouring property.
This article entitled "Retaining Walls" contains a video discussing retaining walls and who is responsible for maintaining and repairing them.
This post contains a video that gives a brief introduction to Native Title and its future in Australia. Also discussed are Mabo v Queensland (No 2) and Wik Peoples v The State of Queensland.
