Exploring planning, environment, and local government law issues in New South Wales
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.
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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.
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They are useful, but they are also frequently misunderstood.
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This decision shows when a council can refuse to deal with a repeat GIPA application where the same information has already been considered.
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This case explains how agencies should assess whether dealing with a GIPA request would require an unreasonable and substantial diversion of resources.
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Legal professional privilege remains a powerful reason to refuse access under the GIPA Act, including where the advice comes from in-house council lawyers.
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Two common GIPA issues are considered – what counts as reasonable searches for documents, and how legal professional privilege applies.
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Access a concise summary of the planning reforms introduced in January 2026.
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When information is released, it is treated as disclosure to the public at large, not just to the person who made the application.
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Can you consolidate lots, redraw them, and still call it a “boundary adjustment”? The Land and Environment Court says no.
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The Development Site 