In brief

10 May 2010

The NSW Government has now brought the definition of “capital investment value” in the Major Development SEPP in-line with the new definition of “capital investment value” in the regulation (see the SEPP amendments here and the definition in the regulation, as per the Member Alert of 6 April 2010, is here).

The new definition of “capital investment value” excludes development contributions and money paid under a voluntary planning agreement. The new definition also excludes costs relating to any part of the development or project that is the subject of a separate development consent or project approval.

It is important to note that, following a recent court case, a development consent can be struck down by the Land and Environment Court if the Court takes a different view (from the Council/Department) as to the actual “capital investment value” in a particular case.  An approval can only be struck down on this basis if the error in calculating “capital investment value” impacts on which decision-making body should have decided the development application.

The NSW Government has extended the period for comment on the Metropolitan Strategy Review and the Metropolitan Transport Plan until 28 May 2010. More information is here. The NSW Government’s media release is here.

The list of the Premier’s ‘go-to’ people has been updated and re-circulated. It is available here.

The NSW Department of Planning has released a 12 month review paper on the use of exempt and complying development codes. The review paper can be accessed from here.

The time period for commenting on the exposure draft of the Coastal Protection and Other Legislation Amendment Bill 2010 has been extended to 30 May. More information is here.

The Federal Government has released a discussion paper: Regulation and Growth of the Not-For-Profit Housing Sector. This paper puts forward options for potential reforms of community housing. Submissions are due 4 June 2010. More information is here.

The Federal Government has circulated draft Guidelines for Community Aviation Consultation Group. These guidelines are intended to assist those involved in establishing, running and participating in Community Aviation Consultation Groups for the leased federal airports subject to Commonwealth planning. Comments are due by 28 May 2010. The guidelines are available here. Please contact us if you have any comments for our submission.

The NSW Government has appointed Sue Morris, the Director of Development and Environment at Camden Council, as a new Commissioner of the Land and Environment Court.

New “delegations” have been published setting out which officers of the NSW Department of Planning have the power to make various decisions under state planning laws. The details are at page 32 here.