Local Government Legal

LGL

2 Phillip Rise Pty Ltd v Kempsey Shire Council [2022] NSWLEC 1107

Local Government Legal recently acted for Kempsey Shire Council (KSC) in successfully defending a Class 1 appeal lodged in the Land and Environment Court by 2 Phillip Rise Pty Ltd (the Applicant) regarding the deemed refusal of a construction certificate to undertake site clearing works. The site clearing works related to a development consent granted …

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The Minister’s Planning Principles and the Consolidation of SEPPs

The Minister for Planning and Public Spaces has released the Minister’s Planning Principles backed by consolidated planning policies to simplify and provide certainty to the system.   Minister’s Planning Principles The Minister’s Planning Principles should be used to guide strategic and land use planning decisions and inform the development of planning policies.  The principles will …

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Commencement of amendments to the Environmental Planning & Assessment Act 1979

As most Council’s would be aware, the Environmental Planning & Assessment Act 1979 (the EPA Act) has undergone major changes, a majority of which came into force on 1 March 2018. Whilst, several additional amendments will be rolled out over the coming months and some transitional provisions also apply. We would recommend that Council Officers …

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Riverina Water County Council ats Nash Bros. Builders Pty Ltd [2016] NSWCA 225

Riverina Water County Council ats Nash Bros. Builders Pty Ltd [2016] NSWCA Local Government Legal recently acted for Riverina Water County Council (RWCC), in successfully defending an appeal lodged by Nash Bros. Constructions Pty Ltd in the Court of Appeal against an earlier Land and Environment Court decision of Justice Pepper regarding the validity of …

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Civil Liability Act – when does a roads authority have “actual knowledge” of a risk?

The Full Bench of the Court of Appeal has considered the special protection against liability for roads authorities under s45 of the Civil Liabilities Act 2002 in the case of Nightingale v Blacktown City Council [2015] NSWCA 423 (the Nightingale case). Civil Liability Act Immunity Section 45 of the Civil Liability Act 2002 (Civil Liability …

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Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015

The Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015 (‘amending Act’) commenced on 13 November 2015 and amended the Local Government Act 1993 (the Act) so as to modify the legislative scheme for dealing with councillor misconduct and poor performance and council maladministration. Disqualification under s275 The new s275(1)(A) relates to disqualifications from holding …

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Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015

The Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015 (Amending Act) commenced on 13 November 2015 and makes several changes to the Local Government Act 1993 (LG Act) dealing with councillor misconduct and poor performance and council maladministration. Disqualification from holding civic office The Amending Act inserted section 275(1A) to the LG Act …

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