Author Archives: lindsaytaylorlawyers
The Balmain Leagues Club case
Axiomatically, planning law is not troubled by the identity of the applicant, much less any background or history the applicant might have. However, the recent decision of the Land & Environment Court in the Balmain Leagues Club case indicates that … Continue reading
Strata Termination: how the owners decide
The ultimate decision on whether a strata renewal proposal is approved is up to the Land & Environment Court. Before the matter goes to the Court, the strata owners themselves must consider whether they wish to apply to the Court … Continue reading
The new strata termination laws start 30 November
The Department of Fair Trading has announced that the new strata laws, the Strata Schemes Development Act 2015 (Act) and the Strata Schemes Management Act 2015, will commence on 30 November 2016. While the new building defect bond scheme will not start … Continue reading
DAs – Not safe from amendments to LEPS
The NSW Court of Appeal has overturned a finding of the Land and Environment Court to the effect that the savings provision in local environmental plans (LEPs) in the form of the Standard Instrument – Principal Local Environmental Plan (Standard Instrument) would … Continue reading
Council officers as strata scheme parking rangers?
Buried within Schedule 4 of the new Strata Schemes Management Act 2015 is an amendment to the Local Government Act 1993 (LG Act) to insert a new s650A. This will allow the body corporates to enter into an agreement with the council allowing the council to set … Continue reading
Restraint Orders under the GIPA Act – an update
Last year, LTL wrote about a decision of the NSW Civil and Administrative Tribunal (Pittwater Council v Walker) in which restraint orders were made under s110 of the Government Information (Public Access) Act 2009 (GIPA Act) preventing Mr Walker from lodging access applications … Continue reading
Costs orders in public interest proceedings
A recent decision of the Land and Environment Court of New South Wales has reinforced the principles governing the exercise of the Court’s discretion not to make a costs order against an unsuccessful applicant where the Court is satisfied the … Continue reading
New obligations for vendors and purchasers of properties with swimming pools and spas
A recent Office of Local Government Circular (Circular No 16-05, 11 March 2016) (‘Circular‘) has advised that new regulations which will commence on 29 April 2016 to the effect that backyard pools which do not comply with the Swimming Pools Act 1992 (‘Act’) … Continue reading
Valuing works-in-kind – a reminder
A recent decision in the Supreme Court of New South Wales highlights the difficulties that can arise when valuing works-in-kind under agreements between a council and developer under s94(5)(b) of the Environmental Planning and Assessment Act 1979 (EPA Act).
