MacroPlan provided town planning assistance in the recent NSW Land and Environment Court proceedings for the Nabiac Service Centre, where the Appeal was upheld in favour of the client on 16 June 2014. The case was contingent on the activation of existing use rights and the meaning of “the land” for the purposes of permitting the development under Clause 45(b) of the Environmental Planning and Assessment Regulation 2000. Clause 45(b) provides for a change in the proportions of several existing uses on a single land parcel. The Commissioner of the Court determined that each of the proponent uses benefitted from existing use rights and that a change in the proportion of the land parcel they occupied was allowable by law. The Commissioner found the proposal acceptable on legal grounds and on merit, with conditions of approval handed down as part of the decision.
MacroPlan delivered all planning consultancy for this project including preparation of the Development Application and Statement of Environmental Effects, Community Consultation and a Social and Economic Impact Assessment.