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…
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…
An important consideration in the assessment of many development applications is whether the relevant floor space ratio (FSR) controls have been complied with.
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.
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…
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.
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…
Acting under delegation – Do you have the power?
30 Oct, 2016
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…
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…
The Balmain Leagues Club case
11 Oct, 2016
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…
DAs – Not safe from amendments to LEPS
11 Aug, 2016
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…
My earlier post in July 2015 (see below) about the Land and Environment Court’s decision in Four2Five has been one of our most read posts. It is timely to provide an update on what has happened since.