Insights
A Win for Councils – Court of Appeal Overturns Decision that Council Resolution is a Policy Relating to Flooding
The Court of Appeal in Della Franca v Lorenzato; Burwood Council v Lorenzato [2021] NSWCA 321 has recently overturned a Supreme Court decision in which it was held that a council resolution was a 'policy' relating to flooding and thus required to be disclosed on a s...
Development Application Refused Due to Unsatisfactory Flood Management Strategies
The recent decision of Gardiner v Central Coast Council [2022] NSWLEC 1007 emphasises the difficulties associated with proposed self-enforcement of flood management strategies. Background The applicant sought development consent from Central Coast Council ("Council")...
No Way Around It – Court Affirms Necessity of Voluntary Planning Agreement or Contributions Plan to Dedicate Land Free of Cost
A recent decision by the NSW Land and Environment Court has reaffirmed that a consent authority, in the granting of a development application, cannot require the dedication of land free of cost without a Voluntary Planning Agreement or the land being included in a...
Preserving Heritage Significance vs Planning Controls – A Recent Update
The recent decision of Moffat v Woollahra Municipal Council [2022] NSWLEC 1016 is a salient reminder for councils reviewing development applications that the aims and objectives of planning controls can be met in a manner that preserves heritage significance....
Council Not Liable for Omitting Certain Information from Section 10.7 Planning Certificate
Takeaways A planning certificate issued pursuant to s 10.7 (previously s 149) of the Environmental Planning and Assessment Act 1979 (NSW) ("the Act") is required to be annexed to contracts for the sale of land in New South Wales. A Section 10.7 certificate provides...
The remote witnessing of legal documents is now here to stay
After an 18 month trial period the NSW Parliament has now made the temporary provisions which allowed for the remote witnessing of important legal documents such as wills, statutory declarations and affidavits, permanent. The decision to make these measures permanent...
Rent Relief Measures Extended for Commercial Tenants
As the Omicron variant continues to impact small business across the country, New South Wales has extended its rent relief measures. With staff shortages, reduced foot traffic and forced closures taking hold of many small businesses, the move attempts to balance these...
Categorisation of Land for Rates under the Local Government Act – An Update
The recent Court of Appeal decision of Mangoola Coal Operations Pty Limited v Muswellbrook Shire Council [2021] NSWCA 46 has examined the re-categorisation of land for the purpose of rates, pursuant to the Local Government Act 1993 ("the Act"). Background Mangoola...
Privacy and the Complaints Process: A Costly ($30,000) Lesson
A failure to comply with the Information Privacy Principles has cost Cessnock City Council $30,000 in damages for psychological harm. The case of EMF v Cessnock City Council [2021] NSWCATAD 219 involved privacy concerns stemming from a complaint made by EMF to...
Validity of Section 124 Orders – Update
The recent decision of Bobolas v Waverley Council (No 3) [2021] NSWLEC 63 has provided further clarity on the validity of orders issued pursuant to Section 124 of the Local Government Act 1993 ("the Act"). Background Waverley Council issued a 22A order pursuant to s...
The Model Code of Conduct and the Local Government Act – Lessons for Councils
Part 14 of the The Local Government Act 1993 ("LG Act") sets out the legislative requirements for the conduct of councillors, staff, delegates and administrators of a local government body. Section 440 of the LG Act allows for the regulations to create a Model Code of...
From 11 October 2021 Second Mortgages will no longer require First Mortgagee consent for registration in NSW
First mortgagee consent currently required in NSW Currently in New South Wales, if a lender wishes to register a second (or subsequent) mortgage on title it must obtain the consent of the first mortgagee on title. If a mortgage is not registered, the lender/mortgagee...
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