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 »
The L&E Court, in Rothwell Boys Pty Ltd v Coffs Harbour City Council [2012] NSWLEC 19, has clarified that the consent of a landowner to an amendment of a development application (DA) is not required. Clause 49 of the EP&A Regulations expressly requires evidence of landowner’s consent to the making of a DA. However, clause
June 2012 – When is a land owner’s consent NOT required? Read More »
A Bill introduced into Parliament on 24 May 2012 proposes to amend the EP&A Act to provide greater power to local councils to deal with derelict buildings. Existing Provisions and Proposed Amendments Currently, item 2 in the table to section 121B of the EP&A Act provides that a local council can issue an order to
June 2012 – Proposed new Demolition Order powers Read More »
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 »
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 »
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 »
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 »
In the case of Mulpha FKP Pty Ltd v The Hills Shire Council [2012] NSWLEC 101 Justice Biscoe considered whether a council is obliged to respond to a notice of voluntary surrender of a development consent under s104A of the EP&A Act and cl97 of the EP&A Regulations given that such a notice only takes
May 2012 – New case law on the surrender of consents Read More »
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 »
The Court of Appeal in the case of Bobolas v Waverley Council [2012] NSWCA 126 has considered the validity of an order issued by the Council under s124 (cl 22A) of the Local Government Act 1993 (LG Act). Section 124(22A) enables a council to order that the owner or occupier of a premises “remove or
May 2012 – Local Government Act Orders Revisited Read More »
