The Court of Appeal has confirmed that once a council knows about an obvious, low-cost hazard, failing to fix it will expose it to liability – and statutory protections won’t step in to help.
Section 4.15 of the Environmental Planning and Assessment Act 1979 is one of the most frequently cited (and misunderstood) provisions in the NSW planning system.
This case explains how agencies should assess whether dealing with a GIPA request would require an unreasonable and substantial diversion of resources.
Legal professional privilege remains a powerful reason to refuse access under the GIPA Act, including where the advice comes from in-house council lawyers.