Who decides which planning controls apply? – Ross v Lane
A development can have significant consequences for a neighbour without amounting to “substantial redevelopment” of the building itself.
Read MoreCategory: NSW Court of Appeal
Liability and Knowledge – ORANGE CITY COUNCIL v WILLIS
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.
Read MoreKey Lessons for Construction Certificates and Appeals – Cameron v Woollahra Municipal Council
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.
Read MoreUnderstanding Public Purpose: Lessons from Goldmate Property Luddenham No. 1 Pty Ltd v Transport for NSW
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.
Read MoreThe Boundaries of Certifiers’ Powers: Insights from Cameron v Woollahra Municipal Council
The Cameron v Woollahra Municipal Council ruling sets the legal landscape for certifiers, revisiting the pivotal Ralan judgment and its impact on development consents.
Read MoreA New Precedent in Development Assessments – Bingman Catchment Landcare Group Incorporated v Bowdens Silver Pty Ltd
A Court of Appeal decision of Bingman Catchment Landcare Group Incorporated v Bowdens Silver Pty Ltd has just redrawn the map for how State significant developments must be assessed—completeness is a non-negotiable.
Read More
