In December 2019, we published a blog post regarding the State Government’s upcoming review of the Impounding Act 1993 (Act). As noted in that blog post, Lindsay Taylor Lawyers is preparing a submission to the Office of Local Government (OLG)…

In NCAT proceedings concerning applications for access to government information made under the Government Information (Public Access) Act 2013 (GIPA Act), applicants sometimes argue that confidential information or the personal details of an informant should be released to them as…

The Land and Environment Court recently considered the operation of cl5.10(10), a compulsory provision in all LEPs. That clause permits some development that is not otherwise allowed by a LEP, if the development will facilitate the conservation of a heritage…

In response to the impacts of the bush fire crisis, the NSW Government has now made amendments to the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 (‘Caravan Regulations’) in addition to the Local…

In the recent decision of 278 Palmer Street Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 1012, the Land and Environment Court considered a development control plan clause which required engineering certification that development works would…

In the recent case of S J Connelly CPP Pty Ltd and Kate Singleton Pty Ltd t/as Planners North v Northern Regional Planning Panel (No 2) [2019] NSWLEC 199, the Land and Environment Court (‘the Court’) considered whether the land…

A recent decision in the Land and Environment Court (Court) highlights a potential stumbling block for councils when taking enforcement action. The decision reinforces the fact that the Court’s Class 1 jurisdiction, being merits review in nature, is limited as…

Conducting a successful investigation is a complex and difficult task, and investigators need to have a firm grasp on the best techniques to ensure that they gather strong and admissible evidence for future enforcement action. In this blog we look…

The NSW Civil and Administrative Tribunal has further elaborated on the responsibilities of local councils in dealing with applications for access to copyright material under the Government Information (Public Access) Act 2009. Hoggett v Campbelltown City Council [2019] NSWCATAD 258…

The State Government has announced the first comprehensive review of the Impounding Act 1993 (Act) since its commencement on 1 July 1993. The Act was introduced as companion legislation to the Local Government Act 1993 and aims to protect public health, safety and…

A recent decision of the Land and Environment Court highlights the considerations that arise when amending charges defective because of  duplicity. A duplicitous charge is one in which the charge, on its face, alleges more than one offence. The Charges…

On 26 November 2019, the Department of Planning, Industry and Environment (DPIE) issued a new planning circular that provides guidance on assessing coastal hazards under the State Environment Planning Policy (Coastal Management) 2018 (Coastal Management SEPP) , and notations to…