The Land and Environment Court of New South Wales recently dismissed appeals by Ballina Island Developments Pty Ltd against Ballina Shire Council, highlighting the critical need for section 68 approvals in addition to development consents.
The recent case of Canterbury-Bankstown Council v Realize Architecture Pty Ltd sheds light on critical legal nuances in appealing the decisions of Commissioners in the Land and Environment Court.
The recent High Court judgment of Cessnock City Council v 123 259 932 Pty Ltd [2024] HCA 17 offers valuable lessons for councils nationwide with respect to contractual arrangements and the risks involved in development. It serves as a vital reminder of the significant consequences of contractual non-compliance.
The annual report highlights an increase in complaints and also shines a light on investigations into some councils which provide timely reminders for all.
The judgment of Parrot v Kiama Municipal Council provides guidance with respect to development applications for subdivision, and when we may need to consider the impacts of future development on the land (like houses or other structures).
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.