The Chief Executive of the Office of Local Government has issued a circular regarding new guidelines (Guidelines) issued to councils under s23A of the Local Government Act 1993 (LG Act) on 18 December 2015. The Guidelines seek to significantly curtail what councils can…
Forced Council Amalgamations – the Road Ahead
18 Dec, 2015
The Premier has announced 35 proposals for local council amalgamations throughout New South Wales that will lead to the number of councils being reduced from 152 to 112. The proposals follow the release of the final report of the Independent Pricing and…
Statutory time limitation for a prosecution leads to dismissal of charges after defendant pleads guilty
16 Dec, 2015
The recent decision of the Land and Environment Court (Court) in Willoughby City Council v Screnci [2015] NSWLEC 192 (Screnci) provides a salient reminder of the importance of statutory limitation periods imposed for the commencement of criminal prosecutions. Such limitations…
Challenging CDCs – Hornsby Shire Council v Trives
15 Dec, 2015
A recent decision of Biscoe J in Hornsby Shire Council v Trives (No 3) [2015] NSWLEC 190 has confirmed the grounds on which a complying development certificate (CDC) may be set aside as invalid. The decision provides important guidance on…
Councils’ new and powerful investigation tool – notices requesting information and records
8 Dec, 2015
The new s119J of the Environmental Planning and Assessment Act 1979 (EPA Act) gives council investigation officers powerful tools to obtain information and or records in respect of matters they are investigating. In this blog we look at this investigative…