In two recent decisions, the NSW Court of Appeal (CoA) has considered when a local council may be liable in negligence for injuries caused on council footpaths and verges. These cases are useful reminders of a council’s duty of care…
Access to public roads – an absolute right?
10 Mar, 2026
In a recent decision, the NSW Supreme Court considered the nature and extent of the common law and statutory entitlement of a landowner to access a public road adjoining their land. The case concerned an alleged obstruction preventing the landowner…
New planning controls to encourage the installation of electric vehicle charging units in NSW
20 Mar, 2023
According to the NSW Electric Vehicle Strategy (2021), electric vehicle sales are projected to increase to 52% of total vehicle sales by 2030-31, making it crucial to establish more electric vehicle charging locations across the state. To address the likely…
Dedication of land for roads without a VPA
6 Mar, 2023
We have previously blogged about the case of L & G Management Pty Ltd v Council of the City of Sydney [2021] NSWLEC 1084 (L & G Management). That case confirmed previous case law to the effect that it is…
The New NSW Alfresco Dining Regime
1 Nov, 2021
As we all look forward to returning to our local restaurants, pubs and cafes the NSW Government has released their ‘Alfresco Restart Package’. Included in the Alfresco Restart Package are changes to the planning rules to enable premises across the…
On the road again: scope of protection for councils under s45 of the Civil Liability Act 2002 expanded
24 Oct, 2017
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…
In The Northern Eruv Incorporated v Ku-ring-gai Council [2012] NSWLEC 249, the Land and Environment Court considered the scope of its power under s39(2) of the Land and Environment Court Act 1979 (Court Act) in planning appeals under s97 of the…
The Land and Environment Court handed down its decision in the case of Parramatta Business Freedom Association Inc v Parramatta City Council [2012] NSWLEC 139 on 20 June 2012. The case involved judicial review proceedings that challenged the Council’s ban…
On 9 March 2012 the NSW Court of Appeal delivered judgment in Bellingen Shire Council v Colavon Pty Limited [2012] NSWCA 34. The case concerned the Council’s failure to install guideposts along a stretch of public road delineating the edge…