Tag Archives: land & environment court

Land Rating – When is land used ‘for’ residential accommodation?

A recent decision of the NSW Court of Appeal deals with whether land being developed for the purpose of residential apartments can be categorised as ‘residential’ for rating purposes under s516 of the Local Government Act 1993 (LG Act).

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Executive liability – who it captures, and what can be done to avoid it

The issue of executive liability is an important topic for directors or persons concerned in the management of corporation who may be liable for the offences of a corporation. This article briefly examines the basis for liability including liability for … Continue reading

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Deferred commencement consents – don’t let them lapse!

The decision of Preston CJ in Dennes v Port Macquarie-Hastings Council [2018] NSWLEC 95 (‘Dennes‘) confirms that, once the period for satisfaction of a deferred commencement condition has expired without the condition being satisfied, the consent cannot be revived  on appeal against … Continue reading

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“Significant development” – a new avenue in FSR calculations?

An important consideration in the assessment of many development applications is whether the relevant floor space ratio (FSR) controls have been complied with.

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Council clean-up of polluted sites – lessons for recovering costs

Recent decisions of the Land and Environment Court show that public authorities, including local councils, can pursue individual directors to recover their clean-up costs where a corporation is deregistered.

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Restrictions on title of land – how effective are they?

Councils regularly impose conditions on development consents requiring the owner of land to place a restriction to user on the title of land, the effect of which is to limit an aspect of future development on that land. Council is … Continue reading

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Conciliation in Class 1 Appeals – recent developments

Those involved in class 1 conciliation conferences in the Land and Environment Court (Court) should be aware of recent comments made by Commissioners, namely, that parties should not expect multiple adjournments of section 34 conciliation conferences.

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Ch-ch-ch-ch-changes – to what extent can you modify a modification application?

In a recent decision of the Land and Environment Court, Registrar Gray found that the Court did not have the power to grant leave to amend a modification application because the extent of the changes being made to the modification application … Continue reading

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Acting under delegation – Do you have the power?

The Courts are often required to consider the validity of decisions made pursuant to delegated authority. A recent decision of the Land and Environment Court provides an example of the difficulties which may arise when the terms of an instrument … Continue reading

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Construction impact of concept proposals – a mandatory consideration or not?

In one of the few cases considering the scheme for concept proposals in the context of staged development applications, the Land and Environment Court (‘LEC‘) has determined whether construction impacts are mandatory relevant considerations when assessing a purely conceptual proposal for … Continue reading

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