Monthly Archives: May 2013

Is an Opinion on a DA ‘personal information’?

In Donnellan v Ku-ring-gai Council [2013] NSWADT 115, the Administrative Decisions Tribunal considered a claim that access to submissions on a development application (DA)  should not be granted to the proponent of the DA under the Government Information (Public Access) Act … Continue reading

Posted in local government | administrative law, planning | development | Tagged | Comments Off on Is an Opinion on a DA ‘personal information’?

Use of a dwelling house for holiday rentals – a few queries

In Dobrohotoff v Bennic [2013] NSWLEC 61, the Land and Environment Court held  that a dwelling-house in the 2(a) zone in Gosford could not be used for holiday rentals. The primary reason, in Pepper J’s judgment, was that the use … Continue reading

Posted in planning | development | Tagged | Comments Off on Use of a dwelling house for holiday rentals – a few queries

Model Asbestos Policy for NSW Councils issued as s23A guideline

In November 2012, the Division of Local Government announced the release of the Model Asbestos Policy for NSW Councils (Policy).  The Policy was the product of a recommendation of the NSW Ombudsman’s report Responding to the asbestos problem: The need … Continue reading

Posted in local government | administrative law, property | commercial | Comments Off on Model Asbestos Policy for NSW Councils issued as s23A guideline

NSW Government acts to overturn Shoalhaven City Council CCTV decision

On 17 May 2013, the NSW Government gazetted a new Regulation to overcome the most troublesome aspects of the recent CCTV decision of the Administrative Decisions Tribunal in SF v Shoalhaven City Council [2013] NSWADT 94.

Posted in local government | administrative law | Comments Off on NSW Government acts to overturn Shoalhaven City Council CCTV decision

Local Government Acts Taskforce Proposals for a New Local Government Act

The Local Government Acts Taskforce recently released a Discussion Paper titled, ‘A New Local Government Act for NSW’ . The Discussion Paper ‘explores matters that in the view of the Taskforce are the key elements of a new Local Government Act … Continue reading

Posted in local government | administrative law | Comments Off on Local Government Acts Taskforce Proposals for a New Local Government Act

Court Upholds Council Order that ‘Clearly Enough’ Required Demolition

The NSW Court of Appeal (Court) has unanimously upheld the validity of an order issued by Narrabri Shire Council (Council) requiring a property owner (Appellant) to restore land to a safe and healthy condition. Although the notice did not identify … Continue reading

Posted in planning | development | Comments Off on Court Upholds Council Order that ‘Clearly Enough’ Required Demolition

Review of NSW Local Government Investments – A Progress Report

A review of Local Government Investments has found that changes implemented by the State Government  since the Global Financial Crisis (GFC) have started to curb losses from investments in Collateralised Debt Obligations (CDO‘s).

Posted in local government | administrative law | Comments Off on Review of NSW Local Government Investments – A Progress Report

Building Professionals Board Contract for Certification Work – Some Issues

Councils and accredited certifiers will be aware of recent changes to the Building Professionals Act 2005 (BP Act) requiring an accredited certifier, or their employer, to enter into a written contract with a client before carrying out certification work.

Posted in planning | development, property | commercial | Comments Off on Building Professionals Board Contract for Certification Work – Some Issues

Chief Judge prevents expansion of mining activities in the Hunter Valley

In Bulga Milbrodale Progress Association Inc v Minister for Planning and Infrastructure and Warkworth Mining Limited [2013] NSWLEC 48, Preston CJ of the Land and Environment Court (Court) overturned the Planning Assessment Commission’s (PAC) February 2012 Part3A approval of the expansion of open … Continue reading

Posted in environment | natural resources | climate change, planning | development | Tagged | Comments Off on Chief Judge prevents expansion of mining activities in the Hunter Valley

Proposed Changes to Planning Agreements in Exposure Draft Planning Bill

The Exposure Draft Planning Bill 2013 (Planning Bill), which was released for public consultation along with the document published by the NSW Government on 16 April 2013 titled A New Planning System for NSW – White Paper, proposes several significant changes … Continue reading

Posted in development contributions | planning agreements | value capture | Tagged | Comments Off on Proposed Changes to Planning Agreements in Exposure Draft Planning Bill