Such owners may be disturbed if the neighbouring owner requests a building permit for the construction of a structure that may in part conceal this view. It is not known that the Environmental Planning and Assessment Act allows provisions to be introduced into SARA that could permit development contrary to the provisions of instruments that previously controlled land development. In Cumerlong Holdings Pty Ltd/Dalcross Properties Pty Ltd – Ors  HCA 27, the High Court considered whether a provision in an existing environmental planning instrument suspending the operation of agreements, agreements and instruments for the exploitation of land introduced in the context of the operation of the provision through an instrument to amend environmental policy. There are many legal acts operating throughout the state that contain provisions under Section 28, paragraph 2, which have been amended (in many cases, more than once) to extend the operation of Section 28, paragraph 2, to development and land. Many amending instruments did not contain the provisions of Section 28, paragraph 2, nor were they approved by the Governor in accordance with Section 28, paragraph 3, before being adopted. Harrington v Greenwood Grove Estate Pty Ltd  NSWSC 833 is very instructive, both in terms of the ability of a local council to terminate alliances and in the circumstances in which an owner may declare the contractual provisions unenforceable. Information on changes to the regulations, SEPP and other environmental planning tools, including information sheets on specific changes, can be found on the department`s website at www.planning.nsw.gov.au/exemptandcomplying We sometimes need to advise our clients on the impact of registered instruments that limit land development. Recently, one of our customers wanted to buy a lot to be used for a specific purpose. However, the draw was influenced by a registered instrument that provided in particular – this was good news for our client. The suspension of registered instruments that restrict land development may not be good news for landowners who may have acquired land benefiting from such instruments.
For example, someone may purchase land with parts of the land available, knowing that a registered instrument limits the development of neighbouring land in order to protect those points of view. The case has a significant impact on the application of Section 28 provisions in state-wide environmental planning instruments. In Cumerlong, the provision for the suspension of regulatory instruments was contained in Section 68, paragraph 2 of the „Gay Ku ring“ planning regulation. The instrument was recorded on January 5, 1938. The original buyer of the lot was a dentist. Such tools were created when the land was subdivided before planning measures began. The amendment to the SEPP introduces a clause that suspends alliances, agreements and instruments requiring higher standards than those of the SEPP. The agreements requested by the councils to ensure that development complies with their DCP controls will no longer apply. Other alliances imposed in their favour by a former owner continue to apply. Instruments that contain such restrictions can take different forms.
They are generally restrictive alliances. They may, however, be included in a commercial lease, a condition in a pre-development permit, a provision of a management declaration under the Community Rural Development Act or a provision of a priority right or other relief. 1.9A Suspension of agreements, agreements and instruments Suspension of legislation, etc. by environmental planning instruments Home > infocus > High Court declares that the suspension of the restrictive treaty is ineffective. The High Court`s decision means that the regulatory instruments relating to the country or development subject to the amending instruments would not be suspended.