Monthly Archives: July 2015

Flawed water model – not sufficient for High Court to intervene in long running water dispute

An application for special leave to appeal the Court of Appeal’s decision in Arnold v Minister Administering the Water Management Act 2000 [2015] HCASL 115 (‘Arnold‘) has been rejected by the High Court. The Arnold decision determined that the NSW … Continue reading

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When is land proposed to be used for ‘residential’ purposes, ‘residential’ for rating purposes?

The Land and Environment Court has recently rejected an argument by a landowner of land intended to be used for residential subdivisions that the proper categorisation of land, for rating purposes, was ‘residential’ and not ‘business’.

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Is an Objection Under Clause 4.6 More Onerous to Establish Than Under SEPP1?

In two respects, the answer is generally ‘yes’.  A recent case in the Land and Environment Court also shows that Applicants need to carefully frame their objections to ensure they comply with the particular requirements of clause 4.6 which differ in important respects from those … Continue reading

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Is a public car park a public road?

The Court of Appeal has recently rejected an argument by a local council that a public car park that had not specifically been dedicated as a public road, was a public road. In rejecting the argument, the Court of Appeal … Continue reading

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Bias Bites Back – High Court Overturns Council’s Order to Destroy Dangerous Dog

The High Court has overturned the decision of a council which ordered that a dangerous dog be destroyed. Crucial to the High Court’s decision was the finding that the decision to destroy the dog was affected by apprehended bias due to the … Continue reading

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Voluntary Planning Agreements in NSW – Ten Years On

The tenth anniversary of the introduction of the formalised system of voluntary planning agreements (‘VPAs’) in New South Wales under s93F of the Environmental Planning and Assessment Act 1979 (‘EPA Act’) occurred on 8 July 2015. This is the first … Continue reading

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SEPP 65 and Apartment Design Amendments in Detail

In this post, we address the detail of the key amendments about to be made to SEPP 65 and the Environmental Planning and Assessment Regulation 2000 effective from 17 July 2015 in conjunction with the introduction of the Apartment Design Guide.

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City2Surf 2015 – LTL running for the Kinghorn Cancer Centre

Rare and lucky, are those who can say that their lives have not been touched by cancer. For some of us cancer is experienced at arm’s length, for others it is a battle fought at close quarters. Medical breakthroughs mean that increasingly the battle … Continue reading

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