Monthly Archives: March 2012

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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ICAC and the Planning Review

In response to ‘The Way Ahead for Planning in NSW? Issues Paper of the NSW Planning System Review’: (December 2011) (Review), the Independent Commission Against Corruption (ICAC) has prepared a submission entitled ‘Anti- Corruption Safeguards and the Planning System’, February, … Continue reading

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Contractual arrangements concerning owner’s consent to DAs and carrying out of work

On 1 March 2012 the New South Wales Supreme Court delivered a judgment in Ryding v Miles & Ors [2012] NSWSC 153. In issue in the case was whether the terms of a lease obliged the owners to give their … Continue reading

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Special statutory powers and risk of harm under the Civil Liability Act

On 9 March 2012 the NSW Court of Appeal delivered judgment in Bellingen Shire Council v Colavon Pty Limited [2012] NSWCA 34. The case concerned the Council’s failure to install guideposts along a stretch of public road delineating the edge … Continue reading

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Tighter controls on coal seam gas exploration

On 6 March 2012, the Minister for Planning & Infrastructure, together with the Minister for Resources and Energy, announced the release of a draft Code of Practice for Coal Seam Gas Exploration (‘the Draft Code’). The Draft Code is part of … 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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