Local Government Legal

7 October 2015

October 2015 – Case law: Council officer acting as agent not delegate

In our July 2014 Newsletter (click here) we reported on the Land and Environment Court’s (LEC) judgement of DeAngelis v Pepping [2014] NSWLEC 108. In De Angelis v Pepping [2015] NSWCA 236, the Court of Appeal overturned the LEC’s finding that , in signing an amendment to a Local Environmental Plan (“LEP Amendment”), Mr Pepping (the […]

October 2015 – Case law: Council officer acting as agent not delegate Read More »

August 2015 – Case law: Can Councils grant Leases and Licences over Public Roads?

In the case of M H Investments Aust Pty Ltd v Hurstville City Council [2015] NSWCATAP 180, the Appeal Panel of the NSW Civil and Administrative Tribunal (Tribunal) confirmed that a councils power to enter into arrangements in respect of the occupation of public roads is only as specifically allowed under the Roads Act 1993

August 2015 – Case law: Can Councils grant Leases and Licences over Public Roads? Read More »

August 2015 – EP&A Act “Investigation Officers”

One of the changes to the EP&A Act is to replace “Authorised Persons” with “Investigation Officers”. The Amending Regulation (cl.39) includes savings and transitional provisions to the effect that persons who were authorised by a council as an “authorised person” when the legislation was amended are taken to be council investigation officers. A written authority

August 2015 – EP&A Act “Investigation Officers” Read More »

August 2015 – EP&A Act Amendments

Significant reforms to the offences, penalties and enforcement regime under the Environmental Planning & Assessment Act 1979 (EP&A Act) have been made by the Environmental Planning & Assessment Amendment Act 2014 and associated Regulation (EP&A (Offences and Enforcement) Regulation 2015) (Amending Regulation). We considered these changes in our February 2015 Newsletter: Click here The changes

August 2015 – EP&A Act Amendments Read More »

April 2015 – Council resolution to accept a tender = binding contract

In the decision of Woollahra Municipal Council v Secure Parking Pty Ltd [2015] NSWSC 257 the Supreme Court has recently considered when a binding contract comes into existence in the context of a tender process under the Local Government Act 1993. The decision helps to clarify that, with appropriate conditions of tendering, and other tender

April 2015 – Council resolution to accept a tender = binding contract Read More »

April 2015 – Telstra Corporation Limited v Port Stephens Council

Local Government Legal recently acted for Port Stephens Council in successfully defending a Class 1 Appeal filed by Telstra Corporation Limited, against Council’s refusal of a development application for the construction of telecommunications facility at Corlette. The proposal involved a proposed installation of a 30 metre high monopole with 3 panel antennae (and provision for

April 2015 – Telstra Corporation Limited v Port Stephens Council Read More »