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Author Archives: frances tse
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
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
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.
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
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
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.
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.
Posted in local government and administrative law
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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
Posted in development contributions | planning agreements
Tagged nsw court of appeal, planning agreements
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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
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
Posted in local government and administrative law
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