Local Government Legal

28 September 2015

June 2012 – Provision of experts reports to Objectors in Class 1 Appeal

The Land & Environment Court (“L&E Court”), in the case of Newcastle Muslim Association v Newcastle City Council [2012] NSWLEC 20, has considered whether an objector can be provided with a copy of experts reports filed in the proceedings. At the heart of the dispute is the role of objectors in Class 1 development appeals. […]

June 2012 – Provision of experts reports to Objectors in Class 1 Appeal Read More »

June 2012 – Court considers registration on title of restriction as to user

In the case of McMahon v Wagga Wagga City Council [2012] NSWLEC 1135, the L&E Court has considered the circumstances in which it is appropriate for a council to grant development consent subject to a condition that restricts the use of land and a condition that requires registration of the restriction on the title to

June 2012 – Court considers registration on title of restriction as to user Read More »

June 2012 – Court considers registration on title to protect trees

In the case of Fitzpatrick Investments v Blacktown City Council [2012] NSWLEC 1133, the L&E Court has considered the validity of a condition requiring a restriction to be registered on the title requiring the protection of trees in a subdivision. The Facts The Applicant appealed the Council’s refusal of an application to modify a consent

June 2012 – Court considers registration on title to protect trees Read More »

June 2012 – Council’s power to impose a ban on smoking in outdoor dining areas

In the recent case of Parramatta Business Freedom Association Inc v Parramatta City Council [2012] NSWLEC 139, before Biscoe J, the L&E Court considered whether councils have the power to impose smoking bans on outdoor dining areas located on footways of public roads, as a condition of approvals granted under the Roads Act 1993 and

June 2012 – Council’s power to impose a ban on smoking in outdoor dining areas Read More »

May 2012 – New case management procedures for criminal matters

The Land and Environment Court The Land and Environment Court will shortly release a new Practice Note for Class 5 environmental planning and protection summary enforcement proceedings to reflect the Criminal Procedure Amendment (Summary Proceedings Case Management) Act 2012 (NSW) (the “Amendment Act”), which was passed by the NSW Parliament on 13 March 2012 and

May 2012 – New case management procedures for criminal matters Read More »

May 2012 – Council ordered to furnish a Statement of Reasons on a s96 Determination

In the case of Vincent Land Pty Ltd v Hyder Consulting Pty Ltd [2012] NSWLEC105, the Applicant sought an order that the Maitland City Council provide a statement of reasons in relation to the Council’s decision to approve a modification application pursuant to s96(2) of the EP&A Act to modify the Council’s existing development consent

May 2012 – Council ordered to furnish a Statement of Reasons on a s96 Determination Read More »