In Ryan v The Minister for Planning  NSWLEC 88 Sheahan J has confirmed that the same legal constraint applies to the LEP making process under current legislation as applied prior to the 2008 amendments to the plan making provisions of the Environmental Planning & Assessment Act 1993. The constraint is that the plan as made must not be significantly different from the planning proposal as … [Read more...]
Local Government Legal prepares a regular email newsletter with legal updates on relevant court judgements and a summary and analysis of legislative changes.
In the case of M H Investments Aust Pty Ltd v Hurstville City Council  NSWCATAP 180, the Appeal Panel of the NSW Civil and Administrative Tribunal (Tribunal) confirmed that a councils power to enter into arrangements in respect of the occupation of public roads is only as specifically allowed under the Roads Act 1993 (the Roads Act), in particular, s125 (approval to use footway for … [Read more...]
One amendment to the EP&A Act not dealt with by the Planning Circular PS15-004 addresses the long standing issue concerning the potential for Councils to breach copyright by making information available to the public. The new s158(1A) provides that the Regulations may require a person who is entitled to copyright in a document to give a council a licence to use the copyright material for … [Read more...]
One of the changes to the EP&A Act is to replace “Authorised Persons” with “Investigation Officers”. The Amending Regulation (cl.39) includes savings and transitional provisions to the effect that persons who were authorised by a council as an “authorised person” when the legislation was amended are taken to be council investigation officers. A written authority issued to an authorised … [Read more...]
Significant reforms to the offences, penalties and enforcement regime under the Environmental Planning & Assessment Act 1979 (EP&A Act) have been made by the Environmental Planning & Assessment Amendment Act 2014 and associated Regulation (EP&A (Offences and Enforcement) Regulation 2015) (Amending Regulation). We considered these changes in our February 2015 Newsletter: Click … [Read more...]