Negligence and local councils
In some instances a local council may be liable in relation to negligence, including with respect to development consents.
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Compatibility – 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.
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 MorePublication of SEPPS and LEPS
There have been some recent changes to how the public is notified about new planning instruments on the NSW Government website.
Read MoreLandscaping to protect privacy – Super Studio v Waverley Council
The judgment of Super Studio v Waverley Council provides us with the planning principle in relation to the use of landscaping to protect privacy.
Read MorePlans of Management – Renaldo Plus 3 Pty Limited v Hurstville City Council
What questions should be considered in relation to whether a Plan of Management is appropriate for a particular situation?
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.
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The Development Site 