Author Archives: michael levy
Thinking of challenging the validity of a development consent? The sooner, the better!
Generally proceedings challenging an administrative decision must be commenced within 3 months of the decision being made. However, the Court does have the discretion to vary this time frame. Three recent decisions in the Land and Environment Court involving challenges … Continue reading
ALERT – Land-clearing Code declared invalid
The Land and Environment Court of New South Wales has declared the Land Management (Native Vegetation) Code 2017 (‘Code‘) made under the Local Land Services Act 2013 (‘LLS Act‘) to be “invalid and of no effect”.
Update: Strata Renewal Plan Applications – Guidance from the LEC on joinder and costs
In two related decisions, the Land and Environment Court has provided guidance in relation to the process for joinder of parties to an application to the Court to give effect to Strata Renewal Plans (SRP Application) under the Strata Schemes Development … Continue reading
A “reasonable excuse” for delay in bringing an application for GIPA Act review
In a recent decision of the NSW Civil and Administrative Tribunal (NCAT), an application for review of an agency’s decision to refuse access to documents requested under the Government Information (Public Acccess) Act 2009 (GIPA Act) which was lodged out of time … Continue reading
On the road again: scope of protection for councils under s45 of the Civil Liability Act 2002 expanded
In a recent decision of the Supreme Court of New South Wales, the special non-feasance protection for roads authorities in s45 of the Civil Liability Act 2002 (CL Act) was held to apply to a Council in respect of an RMS road under … Continue reading
ALERT – Consultation Draft of revised Model Code of Conduct for Local Councils in NSW released today for public comment
The Office of Local Government (OLG) has today issued consultation drafts of a revised Model Code of Conduct for Local Councils in NSW (Model Code) and revised Procedures for the Administration of the Model Code for Local Councils in NSW (Code Procedures), both … Continue reading
Opening the (flood) gates to liability for roads authorities
In a recent decision of the Supreme Court of NSW, a roads authority was found liable in negligence when a local resident, walking his dogs at night on a poorly lit roadside verge in a suburban area, fell over the … Continue reading
New Planning Laws for NSW – public consultation period extended
As previously reported, the exposure draft of the Environmental Planning & Assessment Amendment Bill 2017 (Amendment Bill) is available for public consultation. It was released on 10 January 2017.
