Monthly Archives: May 2015

Plans of management could permit private function centres on Crown reserves

The Land and Environment Court in the recent case of Friends of King Edward Park Inc v Newcastle City Council (No 2) [2015] NSWLEC 76 found that a commercial function centre proposed to be used for private events such as … Continue reading

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Council’s arrangement with third party fails to protect from finding in negligence

Rockdale City Council has lost its appeal against the decision to award substantial damages to a cyclist who suffered severe injury when he rode his bicycle into a boom gate that had been erected by the Council across a public … Continue reading

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Can a council contract out of its statutory obligations when fixing fees for services?

The New South Wales Court of Appeal has issued an important reminder that a council’s general power to enter into contracts does not allow it to charge fees other than those struck in accordance with the mandatory procedures for the fixing of fees for … Continue reading

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Government clarifies minimum apartment size rules

Minister Stokes has announced that the NSW Government will retain the rules mandating the minimum size of apartments but the new sizes will be less than specified in the current edition of the Residential Flat Design Code.

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NSW Coal Seam Gas drilling suspension overturned

The Supreme Court recently decided that the NSW Government’s decision to suspend an approval allowing coal seam gas exploration drilling was invalid. The Court held that: a breach of the community consultation requirements in the coal seam gas exploration approval could not, … Continue reading

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A Missed Opportunity to Deal with Validity of Construction Certificates

Former NSW Treasury Secretary Michael Lambert’s first publication in the independent review of the Builders Professional Act 2005 has failed to address the issue of the validity of construction certificates that are issued unlawfully.

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