The reason for reasons – Al Maha v Huajun Investments
In 2018, the NSW Court of Appeal handed down a very important judgment which changed the approach to the publication of reasons by Commissioners in the Land and Environment Court.
Read MoreAuthor: 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.
Retrospective approval – Windy Dropdown v Warringah Council
There are very limited pathways available to obtain approval for development that has already been carried out.
Read MoreNoise Attenuation – Stockland Developments v Wollongong Council
The judgment of Stockland Developments v Wollongong Council provides us with direction as to the preferred method of noise attenuation with respect to development.
Read MoreNo mods of Contribution Conditions – Ku-ring-gai Council v Buyozo Pty Ltd
In Ku-ring-gai Council v Buyozo Pty Ltd [2021] NSWCA 177, the NSW Court of Appeal determined that there is no power to modify a development consent to amend a condition of consent requiring a monetary contribution.
Read MoreMods of Mods – they’re back
On 14 July 2021 legislation was published to permit modification applications to be amended.
Read MoreMods of Mods – AQC Dartbrook Management v THE Minister
A judgment of the NSW Supreme Court of Appeal has raised significant doubts regarding the power to amend a modification application.
Read MoreClause 4.6 Variations – MS Windsor St v Hawkesbury City Council
The law A local environmental plan (LEP) is a piece of legislation that guides planning decisions for local government areas through zoning and development controls. Each local government area will have one or more LEPs.
Read MoreNegligence and local councils
In some instances a local council may be liable in relation to negligence, including with respect to development consents.
Read MoreCompatibility – Project Venture Developments v Pittwater Council
Project Venture Development Pty Ltd v Pittwater Council provides us with guidance when considering the compatability of a proposal within its local area.
Read MoreIn the news – Clause 4.6 variations
Following an inquiry into the former Canterbury City Council, ICAC has made some interesting recommendations in relation to the use of clause 4.6 variation requests.
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