Negligence and local councils
In some instances a local council may be liable in relation to negligence, including with respect to development consents.
Read MoreCategory: Development consents
In 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.
Read MoreInterim Heritage Orders
What are Interim Heritage Orders and how can they impact development?
Read MoreConditions of Consent – Certifier or Council?
When a condition of consent states that a council is to be satisfied about a matter, it may not always be the council who makes the final decision.
Read MoreLapsing of development consents – Cando v Cumberland Council
In Cando Management and Maintenance Pty Ltd v Cumberland Council, the New South Wales Court of Appeal considered whether a development consent had lapsed.
Read MoreOwners Consent Requirements – Stokes v Waverley Council
In Stokes v Waverley Council, the Land and Environment Court reiterated that a consent authority may issue a development consent that includes conditions requiring works to be undertaken on adjoining land.
Read MoreMinimum lot sizes under SEPPs – UPG v Blacktown City Council
On 9 June 2020 the Court of Appeal handed down a decision which considered the interaction of minimum lot size clauses across two State Environmental Planning Policies.
Read MoreWhen work is “Physically Commenced”?
In some instances a development consent will not lapse if building, engineering or construction work relating to the building, subdivision or work is “physically commenced”. What does this mean exactly?
Read MorePitfalls with Development Applications
What are some common pitfalls and important considerations when it comes to development applications?
Read MoreExtent of Demolition – Coorey v Municipality of Hunters Hill
The judgment of Coorey v Municipality of Hunters Hill provides us with the appropriate considerations for determining whether a development application should be characterised as “additions and alterations” or an application for “a new building”.
Read More