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ARTICLE · 05 APRIL 2017

The 10 Commandments for developers and consent authorities governing conditions of consent

Colin Biggers & Paisley
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These commandments will help to answer questions from developers and consent authorities about conditions of consent.

AustraliaReal Estate and Construction
Todd Neal
Todd Neal

IN BRIEF - WHAT DEVELOPERS AND CONSENT AUTHORITIES SHOULD CONSIDER REGARDING VALIDITY OF CONDITIONS OF CONSENT

Uncertainty about the validity of conditions of consent is common to both developers/landowners and consent authorities. It is not always "black and white", but there are nevertheless a number of clear axioms governing the validity of conditions of consent.

What is abundantly clear is that consent authorities are empowered to grant development consents subject to conditions ( section 80(1) of the Environmental Planning and Assessment Act 1979). The uncertainty relates to how far and wide these conditions can go - numerous cases in the Land and Environment Court (and other courts) have been fought on these lines.

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