Monthly Archives: November 2014

When is an administrative decision ‘irrational’?

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 … Continue reading

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Councils given greater powers of investigation and enforcement

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 … Continue reading

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10/50 vegetation clearing considered by the Land and Environment Court for the first time

The decision of Johnson v Hornsby Shire Council [2014 NSWLEC 1215] is the first case where the Land and Environment Court has considered the impacts arising from the 10/50 vegetation clearing entitlement in the context of a development appeal.

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Coastal Reform – Has the Tide Finally Turned?

On Monday 17 November 2014 the Minister for the Environment Rob Stokes MP announced a reform package for coastal hazards involving the repeal of the Coastal Protection Act 1979 and a new coastal management act. The major aspects of the … Continue reading

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Can a council be ordered to determine a DA after developer’s merit appeal period lapses?

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 … Continue reading

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Court of Appeal Considers Whether Developer Entitled to Spare Capacity in Council’s Sewerage System

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 … Continue reading

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