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ARTICLE · 11 SEPTEMBER 2017

Construction related impacts should be considered in staged development applications

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The NSW Government has now released a draft Bill for concept proposals, in response to this Bay Simmer decision.

AustraliaReal Estate and Construction
Cecilia Rose
Cecilia Rose
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Construction related impacts should be considered in staged development applications: Bay Simmer Investments Pty Ltd v State of New South Wales [2017] NSWCA 135

WHY IS BAY SIMMER IMPORTANT?

Bay Simmer clarifies the interpretation of section 83B of the Environmental Planning and Assessment Act 1979. To be a staged development application, the application must propose at least two detailed subsequent development applications for the site. Section 83B is not satisfied by a concept proposal and a single further detailed development application for the whole of the site. The Court of Appeal also determined that construction related impacts of a proposal are a relevant consideration for assessment in a staged development application, the impacts of construction activities should not be delayed for assessment at another time. Councils and other consent authorities may have adopted this approach in the assessment of development applications and should be aware of this

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