The burden on councils (particularly those in the regulated area) as regulator of non-scheduled activities under the Protection of the Environment Operations Act 1997 (POEO Act) will be reduced by the lowering of the thresholds for the licensing of certain waste…
When is an administrative decision ‘irrational’?
24 Nov, 2014
The Court of Appeal recently handed down the decision of Arnold v Minister Administering the Water Management Act 2000 [2014] NSWCA 386 which considered whether a decision by the Minister administering the Water Management Act 2000 (‘WM Act’) to make a…
Increased investigative and enforcement powers are being given to officers of local councils and the Department of Planning (‘Investigation Officers‘) by amendments to the Environmental Planning and Assessment Act 1979 (NSW) (‘EPA Act‘) contained in the Environmental Planning and Assessment Amendment Act 2014 (‘Amendment Act‘). The Amendment Act…
Can a council be ordered to determine a DA after developer’s merit appeal period lapses?
17 Nov, 2014
In CSKS Holdings Pty Ltd v Woollahra Council [2014] NSWLEC 176, Pain J in the Land and Environment Court dismissed an application by a developer whose merit appeal rights had lapsed for an order in the nature of mandamus compelling the…
Court of Appeal Considers Whether Developer Entitled to Spare Capacity in Council’s Sewerage System
6 Nov, 2014
In Dansar Pty Limited v Byron Shire Council [2014] NSWCA 364, the NSW Court of Appeal, by majority judgement, rejected a claim by a developer against council for damages for economic loss arising from the Council’s failure to allocate spare capacity in its…
The Local Government Act 1993 authorises the service of statutory orders on an individual by sending the order by prepaid post to the recipient. It might also be thought that it would be sufficient to leave an order in the recipient’s mailbox. But…
Easements for Council Water and Sewer Works?
9 Oct, 2014
We are often asked whether a local council requires an easement for its water and sewer works (including underground pipes) to remain on private land and to enable the council to enter onto private land to carry out works on that…
The NSW Department of Planning and Environment (Department) has exhibited a draft amendment to State Environmental Planning Policy No.65 – Design Quality of Residential Flat Development (SEPP 65), which is aimed at improving both the design and affordability of apartments.
Unreasonableness in Risk Management
16 Sep, 2014
It is often considered that it is difficult to have planning decisions set aside on the basis of ‘Wednesbury’ unreasonableness, that is, that the decision is so unreasonable that no reasonable authority could ever have come to it (Associated Provincial Picture Houses…
Government announces $1 billion ‘Fit for the Future’ funding package to encourage Local Government mergers
11 Sep, 2014
The State Government yesterday announced the $1 billion “Fit for the Future” funding package which it has described as “the most significant investment the State has ever made in the local government sector”. The funding package, which responds to the…
The recent decision of the Supreme Court in Duncan v ICAC McGuigan v ICAC Kinghorn v ICAC and Cascade Coal v ICAC [2014] NSWSC 1018 provides a useful analysis of the elements of ‘corrupt conduct’ under ss 8 and 9 of the Independent Commission Against…
The Division of Local Government has just published on it’s website the first ‘performance improvement order’ (‘Order‘) issued by the Minister for Local Government under s438A of the Local Government Act 1993 (‘LG Act‘). The Order was issued to Strathfield…