Monthly Archives: May 2012

Identifying the ‘land’ on which development is to be carried out

The Court has again been required to consider what the word ‘land’ means in a planning instrument. The Land & Environment Court has considered the meaning of words such as land, lot and allotment on a number of occasions. In … Continue reading

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Hoxton Park Residents Action Group – Casenote update

In February we wrote about the decision in Hoxton Park Residents Action Group Inc v Liverpool City Council [2011] NSWCA 349: Section 79C consideration of matters not covered by the description of development in a development application. Briefly, the Court … Continue reading

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Conditions requiring restrictions on title: to be or not to be?

Two recent cases provide examples of when the Land and Environment Court think it is  (and is not) appropriate to impose or maintain conditions requiring the registration on title of public positive covenants or restrictions as to user.

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Best reasonable endeavours

On 4 May 2012 the Court of Appeal delivered judgment in the case of Foster v Hall [2012] NSWCA 122. The central issue was the interpretation of a clause in a contract for sale of land, which required the vendor … Continue reading

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Court of Appeal strikes down clean-up orders

The NSW Court of Appeal has held in Bobolas v Waverley Council [2012] NSWCA 126 that three orders issued under s124 of the Local Government Act 1993 (LGA) requiring the owners of a residential premises in Bondi to clean up … Continue reading

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Proposed changes to the Model Code of Conduct for Councils

The Division of Local Government (DLG) has released a consultation draft of proposed amendments to the Model Code of Conduct for Local Councils in NSW (Model Code), Local Government Act 1993 (LGA) and Local Government (General) Regulation 2005. The most … Continue reading

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Local Government Amendment Act 2012

The Local Government Act 2012 (‘Amendment Act‘) was assented to on 4 April 2012. The Amendment Act amends the Local Government Act 1993 (‘LGA‘) in relation to the following matters: leases and licences of community land, vacancies in civic office, … Continue reading

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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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