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25 February 2021: Land and Environment Court news

Updated Template for Court-granted Development Consent

Under s 8.13(3) of the Environmental Planning and Assessment Act 1979, a development consent granted as a result of a decision on appeal by the Court takes effect when the decision is registered on the NSW Planning Portal. If, however, the development application was made before this provision came into effect, it might not have been registered on the NSW Planning Portal, preventing the consent authority from being able to upload the Court’s decision.

To address this problem, cl 296 of the Environmental Planning and Assessment Regulation 2000 provides that applications lodged before a certain date need not be registered on the NSW Planning Portal in order to take effect.

The Court has updated the template for a Court-granted development consent (DOCX , 26.0 KB)  to accommodate this transitional provision so that a determination to grant a consent can take effect either from the date it is registered on the Planning Portal or the date of the Court’s decision. The parties should select which date is applicable.

This template is to be used when parties submit draft conditions of consent in accordance with the Court’s Class 1 Practice Notes and directions.

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