Draft environmental planning instruments can significantly influence the assessment of development applications, the conditions ultimately imposed on consent and the prospects of success in the Land and Environment Court. Understanding the weight to be given to evolving planning controls and how best to navigate applications and appeals during periods of regulatory change, remains a complex and strategically important challenge for practitioners. This practical session will focus on the impact of draft environmental planning instruments on development assessment and appeal strategy. You will explore the circumstances in which draft controls may be taken into account by consent authorities and the Court, the operation of savings provisions and the strategic options available when planning frameworks are in transition. The session will also address conditions of consent in changing regulatory environments, equipping you with practical guidance to advise clients, manage risk and make informed decisions throughout the DA and appeals process.
Attend and earn 1 CPD unit in Substantive Law
This program is based on NSW legislation
- The weight given to draft environmental planning instruments
- The role of savings provisions
- Options and strategy for DAs around draft environmental planning instruments
- Conditions of consent where the planning framework is undergoing change
Presented by Katharine Huxley, Special Counsel, Holding Redlich; Recognised in Best Lawyers for Planning Law and Environmental Law 2025-2027; Doyle’s Guide Planning and Environmental Law Rising Stars
Bribie Stansfield, Senior Associate, Holding Redlich
Presenters
Katharine Huxley, Special Counsel, Holding RedlichKatharine specialises in planning, development and environmental law with a particular interest in civil litigation within these areas. Katharine provides pragmatic and strategic advice to government and private sector clients on matters spanning planning and environmental law, local government law and administrative law. She regularly appears in the Land and Environment Court of NSW as a solicitor advocate and instructing counsel and has expertise acting on all sides of disputes including development appeals, order appeals, civil enforcement and judicial review proceedings. Katharine is recognised for planning and environmental law in the 2025, 2026 and 2027 editions of Best Lawyers: Ones to Watch and the 2026 edition of Doyle’s Guide Planning and Environmental Law Rising Stars. Katharine sits on the NSW Law Society Environmental Planning & Development Committee, and is currently completing a Masters in Environmental Law.
Bribie Stansfield, Senior Associate, Holding Redlich
Bribie Stansfield is a Senior Associate in our Planning, Environment & Sustainability team in Sydney. She works closely with colleagues to advise government clients on complex questions of administrative law and statutory interpretation. She has particular experience drafting bespoke agreements for State and Local Government relating to State Significant Precincts and Infrastructure, renewable energy and natural resources projects, and development concerning social and community housing. Bribie advises on planning and environmental law, infrastructure projects, and land use and natural resources regulation in New South Wales.