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The Development Site

Exploring planning, environment, and local government law issues in New South Wales

Author: Alyce Kliese

Alyce is a civil engineer and a practicing lawyer, who has a desire to share her insights on the legal and practical realities of the development industry.

Records, Searches and Copyright – McNeill v Clarence Valley Council

January 17, 2025.Reading time 5 minutes.

In this judgment, the Civil and Administrative Tribunal of New South Wales examined a dispute over access to government information relating to a project in the local government area.

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The Essential Services Clause – Georges River Council v Eskander

January 15, 2025.Reading time 6 minutes.

The judgment of Georges River Council v Eskander [2024] NSWLEC 98 provides insight into how courts approach requirements for adequate arrangements for essential services.

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First GIPA Judgment of 2025 – Jundu Pty Ltd and Mogul Stud Pty Ltd v The Hills Shire Council

January 11, 2025.Reading time 8 minutes.

The first GIPA judgment for 2025 is here and provides an examination of the competing public interest considerations for and against disclosure of government information in growth centres.

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Key Lessons for Construction Certificates and Appeals – Cameron v Woollahra Municipal Council

January 11, 2025.Reading time 8 minutes.

The New South Wales Court of Appeal’s decision in Cameron v Woollahra Municipal Council [2024] NSWCA 216 tackles the often thorny issues surrounding construction certificates, jurisdictional error, and legal unreasonableness in planning law.

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Understanding Existing Use Rights – Blues Point Hotel Property Pty Ltd v North Sydney Council

January 3, 2025.Reading time 8 minutes.

The case of Blues Point Hotel Property Pty Ltd v North Sydney Council [2021] NSWLEC 27 offers valuable insights into the interpretation and application of existing use rights.

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Key Decisions from 2024 – Lessons in Planning, Contracts, and Liability

December 31, 2024.Reading time 9 minutes.

The legal landscape in 2024 has delivered some truly fascinating cases, providing valuable insights into the intricacies of planning, local government and development law in New South Wales.

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Sydney Metro’s Role – Lessons from Symin v The Hills Shire Council

December 30, 2024.Reading time 5 minutes.

The recent decision in Symin v The Hills Shire Council [2024] NSWLEC 1840 highlights the complexities of residential development above critical infrastructure, with Sydney Metro playing a role in the proceedings.

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Understanding Public Purpose: Lessons from Goldmate Property Luddenham No. 1 Pty Ltd v Transport for NSW

December 21, 2024.Reading time 6 minutes.

The recent Court of Appeal decision in Goldmate Property Luddenham No. 1 Pty Ltd v Transport for NSW offers a crucial clarification on how the concept of “public purpose” must be properly understood in the context of compulsory land acquisition.

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Navigating Consent Orders – Insights from Billyard Avenue Developments v The Council of the City of Sydney

December 21, 2024.Reading time 6 minutes.

The Land and Environment Court’s decision in Billyard Avenue Developments Pty Limited v The Council of the City of Sydney serves as a powerful reminder of the importance of adhering to planning controls and understanding the boundaries of consent orders.

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Visual Impact and Suitability – Amplitel Pty Limited v The Hills Shire Council

December 7, 2024.Reading time 7 minutes.

In the recent decision of Amplitel Pty Limited v The Hills Shire Council highlights significant considerations for assessing DAs involving telecommunications infrastructure.

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