Last year, the NSW Government passed an amendment to relevant legislation to restrict the potential for developers to develop sites that have the benefit of existing use rights.
Under the change, developers can no longer apply for development consent to change one prohibited use to another prohibited use. The existing use can now only be enlarged, [...]

Donald Crone & Associates Pty Limited v Bathurst City Council (Unreported, Land and Environment Court), Cripps J held that: “The existence of the covenant and the agreement is, in my opinion, a matter which can be taken into account by the determining authority pursuant to … the Environmental Planning and Assessment Act in the course of its [...]