Author Archives: frances tse

About frances tse

senior lawyer. Frances, Wing Yee Tse is a Senior Lawyer with Lindsay Taylor Lawyers. Frances has been practicing in the field of local government, planning and environment law since her graduation. Frances has experience in providing advice in relation to the Environmental Planning and Assessment Act 1979 to including advice on characterisation and permissibility of development, validity of consents and planning instruments, assessment processes (Part 4, Part 3A (now repealed), crown development provisions and Part 5), and infrastructure and development contributions (including section 94 and planning agreements). Frances has assisted in the drafting of a vast number of planning agreements and works-in-kind agreements for local councils and developers. She has also assisted in the provision of advice to local councils and developers on the provisions of Environmental Planning and Assessment Act 1979 on such agreements and the registration of planning agreements. Frances has experience in property and conveyancing and has worked on matters involving the sale of council and Crown land, including advice on proper procedures for sale of Crown land under the Crown Lands Act 1989 and drafting of associated agreements, and deeds. Frances has experience in local government matters, including advices in relation to code of conduct, council meeting procedure, tendering issues and access to information under the Government Information (Public Access) Act 2009. Since the commencement of that Act, Frances has also been involved in proceedings in the Administrative Decisions Tribunal in relation to a review of an application for access to information. Frances has acted as advocate in classes 1 and 4 of the Land & Environment Court.

Supreme Court imposes easement over public reserve in favour of residential land

In Samy Saad v City of Canterbury [2012] NSWSC 389 the Supreme Court imposed an easement in the form of a right of way (‘ROW‘) over a council owned public reserve to facilitate access to landlocked residential land to enable the owner to … Continue reading

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Whether expert reports in Class 1 proceedings can be provided to resident objectors

Justice Biscoe in the Land and Environment Court  recently considered the question of whether an objector in appeal proceedings in the Class 1 jurisdiction of the Court can be provided with expert reports. See Newcastle Muslim Association Incorporated v Newcastle … Continue reading

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ADT allows release of code of conduct investigation report

Further to our post on Hurst v Wagga Wagga City Council [2011] NSWADT 307, the Administrative Decisions Tribunal has recently handed down a judgement on the release of a local government investigation report into allegations of misconduct and maladministration.

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When can extrinsic material (such as the DA) be used to construe a development consent?

Whether extrinsic materials can be used to construe a development consent is discussed in a recent case Quarry Products (Newcastle) Pty Limited and Allandale Blue Metal Pty Limited v Roads and Maritime Services (No.3) [2012] NSWLEC 57. The case related … Continue reading

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Landowner’s consent given once and for all

The Land and Environment Court in Rothwell Boys Pty Ltd v Coffs Harbour Council [2012] NSWLEC 19 has recently confirmed that once landowner’s consent is given to a development application, no further consent is required even if the development application … Continue reading

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Removal of barrier to carrying out educational establishment developments

Councils should note that the State Environmental Planning Policy (Infrastructure) 2007 (Infrastructure SEPP) was amended on 17 February 2012 so that any person can carry out development for the purpose of a new educational establishment with consent in certain prescribed zones.

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Upcoming changes to statutory declarations and affidavits

Amendments to the Oaths Act 1900 by the Identification Legislation Amendment Act 2011 beginning on 30 April 2012, means that there will be additional requirements to confirm the identity of persons when taking and receiving statutory declarations and affidavits.

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Sweetwater Decision on Security under Planning Agreements Overturned

Today the Court of Appeal unanimously overturned the decision of Biscoe J of the Land and Environment Court regarding the requirements for security under planning agreements in Sweetwater Action Group Inc v Minister for Planning [2011] NSWLEC 106 . We have … Continue reading

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Commonwealth approval to be required for certain mining operations

The Environment Protection and Biodiversity Conservation Amendment (Protecting Australia’s Water Resource) Bill 2011 was introduced into the Senate on 1 November 2011. The purpose of the Bill is to amend the Environmental Protection and Biodiversity Conservation Amendment Act 1999 (EPBC … Continue reading

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Commencement of expanded protection to whistleblowers

In a previous post on this site (which can be accessed here) , we discussed the proposed changes to the Public Interest Disclosures Act 1994 (PID Act) which will expand protection to whistleblowers in relation to local government matters. Most … Continue reading

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