Planning blight, fair compensation and the P&E Amendment Act: what landowners need to know now

Why this case matters for landowners The recent Barrett judgment clarifies how compensation is assessed when a planning reservation constrains development. Most importantly for landowners and claimants, the Court explained where the legal onus lies and how uncertainty in the “before and after” valuation is resolved. The result materially strengthens the position of affected landowners […]

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NSW planning system reforms: What developers need to know

Amendments to the Environmental Planning and Assessment (EP&A) Act that have commenced Our Planning and Environment team has summarised the recent amendments to the EP&A Act that have commenced, along with their implications for developers in NSW. Objects of the EP&A Act amended The objects in section 1.3 of the EP&A Act have been amended […]

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The Goldmate appeal: Statutory disregard and just terms compensation for compulsory acquisition of land

The NSW Court of Appeal in Goldmate Property Luddenham No 1 Pty Ltd v Transport for New South Wales has allowed an appeal against the Land and Environment Court’s assessment of the amount of compensation payable for the compulsory acquisition of property pursuant to the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (the Act). The decision has […]

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