In two recent decisions, the NSW Civil and Administrative Tribunal (NCAT /Tribunal) has made an order that a person is not permitted to make an access application under the Government Information (Public Access) Act 2009 (GIPA) without the approval of the Tribunal. These orders are called Restrain Orders and are made under section 110 of […]
April 2015 – GIPA Restraint Orders made by Tribunal Read More »
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 »
The Environmental Planning & Assessment Amendment Act 2014 (Amendment Act), which has not yet commenced, will amend the Environmental Planning & Assessment Act 1979 (EP&A Act) by enacting new offences and penalties, creating new enforcement powers and giving legislative effect to e-planning. New Penalties The Amendment Act provides for the introduction of a three-tier offence
February 2015 – EP&A Act Amendments Read More »
Chief Judge Justice Preston of the Land and Environment Court (L&E Court) in Zhang v Woodgate and Lane Cove Council [2015] NSWLEC 10 (the Zhang case) has held that a “Notice to attend a place to answer question” was invalid because it was not issued “to enable the council concerned to exercise its functions under
February 2015 – Court finds EP&A Act “Notice to Answer Questions” invalid Read More »
The Biosecurity Bill 2014 which is awaiting reading before the Upper House, gives effect to the whole of government NSW Biosecurity Strategy and introduces major reform to manage pests, diseases, weeds and contaminants and minimise biodiversity threats to NSW. A “note” in the Bill explains that “the scheme provided for in this Act is being
February 2015 – Biosecurity Bill 2014 Read More »
In a recent decision which will have ramifications for Local Government, the Court of Appeal in Burwood Council v Ralan Burwood Pty Ltd (No. 3) [2014] NSWCA 404, held that a construction certificate (CC) which is inconsistent with a development consent and as such in breach of clause 145(1) of the Environmental Planning & Assessment
In the case of Kogarah City Council v El Khouri [2014] NSWLEC 196, Chief Judge Preston of the Land and Environment Court dismissed an appeal by the Council against the order by a Local Court Magistrate that the Council pay the professional costs of the two defendants. The case involved a prosecution brought by the
January 2015 – Professional costs against a Council Read More »
In the case of Toveno Pty Limited v Roads and Maritime Services [2014] NSWLEC 1266, the decision of Moore SC details why the Court placed no reliance on the valuation evidence given by a Valuer engaged on behalf of the Applicant. This case is a reminder of the nature of the obligations that are imposed
January 2015 – How not to give expert evidence Read More »
The case of Lismore City Council v Ihalainen (No 2) [2014] NSWLEC 198 illustrates the problem when a development consent does not expressly identify all approved plans and plans are not all stamped with the approval and cross referenced to the development consent. The case concerned an unsuccessful prosecution in relation to the construction of
January 2015 – Is a plan incorporated in a consent? Read More »
In the case of Community Housing Limited v Clarence Valley Council [2014] NSWLEC 193, the Applicant, a provider of “social housing”, claimed that its lands were exempt from the payment of rates because it is both a “public benevolent institution” and a “public charity”. Six (6) respondent councils denied the claim to an exemption and
January 2015 – Social Housing – Rates Exemption? Read More »
