NSW Ombudsman Annual Report – spotlight on local councils

January 29, 2023.Reading time 6 minutes.

The annual report highlights an increase in complaints and also shines a light on investigations into some councils which provide timely reminders for all.

Objectives of the zone – Kool Family Developments v City of Ryde Council

January 29, 2023.Reading time 9 minutes.

The decision of Council of the Kool Family Developments Pty Ltd v City of Ryde Council provides a reminder that objectives of the zone are a relevant consideration when considering the merits of a development application.

Consistencies between DAs and CCs – Sader v Elgammal

August 26, 2022.Reading time 7 minutes.

The recent decision of Sader v Elgammal provides some timely comments from the Court regarding consistency between development consents and construction certificates.

Writing Orders Clearly and Unambiguously: Lessons from Ballina Shire Council v Joblin

August 18, 2022.Reading time 5 minutes.

In the case of Ballina Shire Council v Joblin [2022] NSWLEC 90, the Land and Environment Court of New South Wales underscored the paramount importance of drafting clear and unambiguous orders.

Legalities of CDCs – Council of the City of Ryde v Network Developments NSW

August 10, 2022.Reading time 5 minutes.

The decision of Council of the City of Ryde v Network Developments NSW provides a warning to those obtaining complying development certificates (known as CDCs). In particular, it is critical that the lawfulness of issuing a CDC is considered at the date of issue.

What is a “building” – Ballina Shire Council v Joblin

July 25, 2022.Reading time 11 minutes.

In a decision delivered by the Court on Friday 22 July, the Court considered the meaning of “building” in the context of a development control order.

Lapsing of development consents – Donvito v Hawkesbury City Council

May 23, 2022.Reading time 10 minutes.

When a local council and an applicant are in disagreement, the Court has the power to determine whether a consent has lapsed (or not).

Voluntary Planning Agreements – Who, What, When, Where, Why?

May 19, 2022.Reading time 3 minutes.

A quick crash course on the basics of voluntary planning agreements.

Looking into the crystal ball – Parrot v Kiama Municipal Council

May 17, 2022.Reading time 4 minutes.

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).

The reason for reasons – Al Maha v Huajun Investments

May 15, 2022.Reading time 9 minutes.

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.