[ IN FOCUS ]
Filter Articles
Home > in focus
ICAC’s guide on how to manage conflict of duties
The Independent Commission Against Corruption (ICAC) has issued a guide to assist public officials and agencies in identifying and managing conflicts of duties. The guide relates to conflicts of duties, not conflicts between a public duty and a personal or…
ALERT: Statutory Review of Crown Land Management Act 2016 – Key Issues to Consider
As part of a 5-year statutory review, the Department of Planning, Housing and Infrastructure has been appointed to review the Crown Land Management Act 2016 (CLM Act). During its review, it has released a discussion paper seeking input from stakeholders….
Unreasonable conduct results in the burdened landowner paying costs in s88K proceedings
Introduction The Supreme Court has the power to grant easements if the easement is “reasonably necessary for the effective use or development of other land that will have the benefit of the easement”: s 88K(1) of the Conveyancing Act 1919…
Reclassifying community land – is it effective to permit its sale?
Note: Since this article was published, this case is now undergoing appeal. We will keep you informed of any developments. Introduction With some exceptions, land owned and controlled by local Councils, can generally be described as public land. Such land…
When is an objector’s opinion considered personal information in a GIPA Application?
In a recent decision of Stalvies v Snowy Monaro Regional Council [2023] NSWCATAD 166 (‘Stalvies case‘), the NSW Civil & Administrative Tribunal has given detailed consideration to when expressions of opinion, or purported statements of fact, may be found to…
Environment protection licence refused despite general terms of approval
The Land and Environment Court recently handed down a decision dealing with the interrelation between the integrated development regime established under Div 4.8 of the Environmental Planning and Assessment Act 1975 (EP&A Act) and the regime for the provision of…
IPC Advice on Short-Term Rental Accommodation – Key Takeaways
Short-term rental accommodations (STRA), such as those offered through Airbnb and other similar online platforms have become increasingly popular in tourist destinations across Australia, particularly in desirable coastal regional locations. However, the rapid growth of the STRA industry is thought…
Court confirms the limitations on the recovery of overpaid council rates
The Supreme Court of NSW (Supreme Court) has considered whether a landowner, who was successful in an appeal against the failure of the council to recategorise its land as farmland, was subsequently entitled to a refund of the amount of…
New planning controls to encourage the installation of electric vehicle charging units in NSW
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
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…
Subscribe now.
Join over 1600 government, planning and development professionals from across NSW who receive notification each time we post an article.