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Session Overview:

The definition of gross floor area has been considered by the Court of Appeal and Land and Environment Court on a number of occasions, unsurprisingly given that the application of floor space ratio controls in planning instruments are critical to the assessment of development applications.

Two approaches have emerged from the Land and Environment Court concerning the proper calculation of corridors and breezeways in gross floor area. The approach the Court takes to a particular application may impact whether a clause 4.6 request is necessary.

In this session we will discuss that case law, other decisions considering the definition of gross floor area, and situations that commonly cause controversy, including what properly constitutes common vertical circulation and what should be counted as access to car parking to meet the requirements of a consent authority.

About the Series:

The Legal Series will bring together speakers with recognised expertise in various aspects of the NSW Planning System and provide a platform to educate, inform and provide solutions through short seminars focusing on topics identified by our members.

These seminars will provide the necessary information and practical help for those currently working in the planning profession and looking to improve their understanding of legal issues that impact on Planners.

Presenter:

Katie Mortimer, Partner, Lindsay Taylor Lawyers

Katie Mortimer is a Partner at Lindsay Taylor Lawyers and an Accredited Specialist in Planning & Environment Law. Katie practices across the fields of planning, environment and local government law in litigation, advice and transaction work. Katie is a specialist litigator in the Land and Environment Court, and has acted for both government authorities and private clients in a range of development appeals, civil enforcement matters, judicial review proceedings and criminal prosecutions.

Stuart Simington, Partner, Lindsay Taylor Lawyers

Stuart is a prominent and highly regarded specialist planning, environment and local government lawyer, with 30 years’ post admission experience. Stuart worked as a prosecutor for the Environment Protection Authority of NSW in his early years and regularly appears for State government, local government and developer clients in the Land and Environment Court.
Stuart has extensive experience on issues arising under the Environmental Planning and Assessment Act 1979 including advising on significant land releases, related valuation issues, rezoning, voluntary planning agreements and infrastructure funding more generally; for a range of State government, local government and developer clients.
Stuart was admitted to practice in the Supreme Court of NSW in 1994 and the High Court of Australia in 1997.
In 2010, Stuart was recognised as an Accredited Specialist in Local Government & Planning Law.
Stuart regularly features on both Doyles’ Planning & Development (Leading) and Environment & Climate Change Lists of recommended lawyers and on Best Lawyers Australia in the ‘Land Use and Zoning Law’ and ‘Planning and Environmental Law’ Categories.

Facilitator:

Elizabeth Densley R老澳门六合彩图库, Founder
Eight Mile Planning

Liz is a town planner with 25 years' professional experience in urban and regional planning in NSW. Having spent the large part of her career in Local Government, Liz moved to join Elton Consulting in 2016 and has this year founded Eight Mile Planning.

Liz is a passionate planner with expertise across land use policy, strategic and statutory planning working closely with both private and public sector clients.

Based in Mudgee in regional NSW, Liz has a particular interest in regional growth and development and delivering a planning framework which can be tailored and is relevant across the diverse jurisdictions to which it applies.

Event Details: