Planning Monthly Update 

Amending Modification Applications

Commentary during a recent judgement in the Court (that was not instrumental to the ultimate decision on that case) led a number of Councils to reject some of our clients attempts to amend modifications already lodged at Council. Lawyers, planners and industry bodies were quick off the mark to pressure the Department to resolve this impasse and provide for such applications to be amended as has been industry practice for eons. We are pleased to advise that the Regulation was amended to insert a new Clause 121A which allows Council to request additional information and 121B which expressly provides for modification applications to be amended. Whilst these amendments enshrine what have previously been the status quo our clients are advised that the further insertion of a new Clause 122B provides for a new ‘stop the clock’ provision with respect to modification applications mush the same as the existing provision for Development Applications. Now more than ever it is important to respond to requests from Council promptly.

Local Housing Strategies

Local housing strategies are now in place for most local government areas in Greater Sydney. The remaining strategies yet to be approved by the Department are: Parramatta, Cumberland, City of Sydney, Strathfield, Woollahra, Northern Beaches, Ryde, Lane Cove, Fairfield, Hawkesbury, Penrith and Wollondilly. Expect to see these strategies guide upcoming LEP amendments across Sydney.

South West Sydney Rezonings

Leppington Stages 2 and 5, Lowes Creek Maryland and Glenfield were rezoned on 16 July 2021 removing the final planning constraints and adding capacity for a further 16,900 dwellings in Sydney (less than 50% of Sydney’s annual dwelling demand). Follow these links for the Indicative Layout Plans and other rezoning documents.

To discuss any of the above in greater detail please contact our
Manager Planning & Development Strategy, Nathan Croft on 0419 845 089 or at

Construction Urban Monthly Update 

Construction Activity Pause

From Monday 19th July, the NSW Government confirmed work at construction sites in Greater Sydney including the Blue Mountains, Central Coast, Wollongong and Shellharbour is not to be carried out. More information regarding allowance work and support packages can access via the link above.

Infrastructure NSW has provided guidelines on site closure and site negotiations (link below) for NSW Government Projects.

Guideline to support Closure of Construction Sites negotiations

UDIA NSW has been working closely with government to develop a re-opening framework for all construction in NSW in attempt to open up the industry on 31st July. UDIA NSW has requested government to consider enabling particular site activities to commence from next Monday 26 July which would allow construction to be fully operational by 31 July. More information can be accessed via the link below.

UDIA NSW Operation – Construction Re-start in NSW

Our Construction team is working towards adopting the above guidelines for our respective projects. With the closure of our construction sites for the next two weeks, our Construction team are focused on the opportunity to further de-risk our current projects which includes Council authority approvals which may be delayed due the upcoming Local Government elections this September.

To discuss any of the above please contact our Construction Manager (Urban), Chris Suarez on 0447 493 345 or at

Construction Infrastructure & Industrial Monthly Update 

The first major tunnelling contract for Sydney Metro West Project has been awarded to Acciona Construction Australia and Ferrovial Construction (Australia) Joint Venture with contract value of $1.96 billion.

The works include twin 11-kilometre metro railway tunnels from The Bays to Sydney Olympic Park with five new stations at The Bays, Five Dock, Burwood North, North Strathfield and Sydney Olympic Park.

Once completed, the new Sydney Metro West will double rail capacity between Greater Sydney and the CBD as well as allowing commuters to get from Parramatta to the Sydney CBD in about 20 minutes.

The Sydney Metro west is expected to create over 10,000 direct new jobs and 70,000 indirect jobs.

Works are expected to commence before the end of this year and tunnelling works are expected to be completed in 2025.

To discuss any of the above in greater detail please contact our Delivery Manager – Infrastructure and Industrial, Mina Fahmy  on 0409 088 545 or at

Project Management Monthly Update

Rouse Hill and Hoxton Park Developer Charges for Recycled Water Services

Sydney Water’s Draft Development Servicing Plans for recycled water infrastructure in the Rouse Hill and Hoxton Park areas are now on public exhibition. These plans are reviewed at least once every five years to ensure they remain relevant to current costs. Further information relating to the Development Servicing Plans can be found here.

The public exhibition period runs from Monday, 19 July to Monday, 30 August. Previously scheduled to commence and close in June year, the public exhibition was delayed due to pending finalisation of technical aspects of the Plan with IPART.

Improved Assessment Times for Regionally Significant Development Applications:

The Minister for Planning and Public Spaces Rob Stokes has announced a pilot program that seeks to improve assessment times for regionally significant development applications by 25% in Greater Sydney and surrounding areas. The $4.5 million dollar program will supplement councils, allowing them to increase resources, upskill staff and improve the overall assessment processes. These council areas include: Bayside, Campbelltown, Canterbury-Bankstown, Central Coast, Cumberland, Hornsby, Lake Macquarie, Liverpool, Randwick, Sutherland, The Hills, Willoughby and Newcastle.

It is anticipated that this will translate into faster delivery of these developments. More information on the pilot program can be found here.

To discuss any of the above in greater detail please contact our Manager – Projects, Joshua Pineda on 0477 444 702 or at

Survey Monthly Update

The NSW Land Registry Service (LRS) has recently launched a new online portal access system for Surveyors and the property industry.  Registered Surveyors (including the Team in our Wollongong Office) now have access to the LRS online portal that create Plan workspaces to digitally prepare:

Deposited Plan administration sheets
Strata Plan administration sheets
s.88b instruments

From July 2021, new digital forms will reduce data duplication and requisitions for Surveyors by validating information entered by our Surveyors against the NSW land register.

To discuss any of the above in greater detail please contact our Surveying Manager, Kevin Pritchard on 0438 428 904 or at

Sewer & Water Monthly Update 

A Water Service Co-ordinator (WSC) is essentially an agent for Sydney Water, who manages:

applications for Section 73 Compliance Certificates
applications to move Sydney Water owned pipes
the design and construction of new pipes
applications to build over or next to Sydney Water owned assets.

All of the applications are processed and assessed against Sydney Water guidelines.

Water & Sewer infrastructure (as an essential service) is a requirement for the majority of land development projects within the Greater Sydney area where the property falls within the supply range of Sydney Water.

Our team of WSC personnel are all accredited with Sydney Water and experienced in providing advice and design for various types of land development projects.  Our recommendation is to engage with your WSC at the very early planning stages or the development.

To discuss any of the above in greater detail please contact our Sewer & Water Manager, Andrew Purnell on 0438 428 890 or at