Szabo & Associates News & Updates

Background

An issue which often arises in interpreting development consents concerns is what, if any, “other” documentation might be considered when construing a consent.

Financial contributions are part of the infrastructure development process. When infrastructure changes are identified, the State or Local Government prepares plans of the contributions expected towards the costs of the infrastructure. The amount of the contribution forms part of the conditions of approval for a development. Their purpose is to ensure that developers and businesses are paying a share towards the infrastructure needed to support, for example, for new homes. The contributions system operates under the Environmental Planning and Assessment Act 1979.

In New South Wales, several infrastructure projects are either planned or underway. Many of these will require the acquisition of properties. For example, in October 2019 the NSW State Government announced the construction of the Sydney Metro West project to commence in 2020. This new link will connect the Sydney CBD to Greater Paramatta, incorporating seven new metro stations along the way. The implications of this are that the State government will acquire some 93 businesses and 23 residential properties.

Taking out a lease on business premises will be one of the most significant decisions that a business needs to take. As such, it is important to understand what is being taken on and properly investigate the property and lease documents before committing.