King & Wood Mallesons

Asia-Pacific 100 position: 3

Home away from home — NSWCA overturns approval for fly-in fly-out accommodation

The NSW Court of Appeal has overturned decisions of the Joint Regional Planning Panel and the NSW Land and Environment Court and held that a development consent for the construction and operation of ‘workforce accommodation facility’ was invalid.

The court held that the proposed development should be more properly characterised as a ‘residential building’, which is prohibited under the relevant zoning rules.

With the increasingly use of ‘fly-in fly-out’ (FIFO) accommodation for workers in the mining industry, this recent court decision is a timely reminder that development applications need to properly characterise the proposed development to ensure it is not a prohibited development under the relevant local environmental plan…

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