Publications

In a recent feature within New Planner – the official magazine of the NSW & ACT Division of the Planning Institute of Australia, our Director Mark Cottom, speaks to the importance of interpretation when applying beneficial provisions included among changes made to the NSW planning legislation throughout the pandemic. This article originally appeared in New […]

In NSW Electoral Commission v Kempsey Shire Council (No 2) [2022] NSWSC 282, the Supreme Court of NSW has found that the council elections for Kempsey Shire Council, Singleton Council and Shellharbour City Council (Ward A) held on 4 December 2021 are void and fresh elections will be required for all Councillors’ positions.   The Electoral

Local Government Legal recently acted for Kempsey Shire Council (KSC) in successfully defending a Class 1 appeal lodged in the Land and Environment Court by 2 Phillip Rise Pty Ltd (the Applicant) regarding the deemed refusal of a construction certificate to undertake site clearing works. The site clearing works related to a development consent granted

The Minister for Planning and Public Spaces has released the Minister’s Planning Principles backed by consolidated planning policies to simplify and provide certainty to the system.   Minister’s Planning Principles The Minister’s Planning Principles should be used to guide strategic and land use planning decisions and inform the development of planning policies.  The principles will

As most Council’s would be aware, the Environmental Planning & Assessment Act 1979 (the EPA Act) has undergone major changes, a majority of which came into force on 1 March 2018. Whilst, several additional amendments will be rolled out over the coming months and some transitional provisions also apply. We would recommend that Council Officers

Riverina Water County Council ats Nash Bros. Builders Pty Ltd [2016] NSWCA Local Government Legal recently acted for Riverina Water County Council (RWCC), in successfully defending an appeal lodged by Nash Bros. Constructions Pty Ltd in the Court of Appeal against an earlier Land and Environment Court decision of Justice Pepper regarding the validity of

The Full Bench of the Court of Appeal has considered the special protection against liability for roads authorities under s45 of the Civil Liabilities Act 2002 in the case of Nightingale v Blacktown City Council [2015] NSWCA 423 (the Nightingale case). Civil Liability Act Immunity Section 45 of the Civil Liability Act 2002 (Civil Liability

The Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015 (‘amending Act’) commenced on 13 November 2015 and amended the Local Government Act 1993 (the Act) so as to modify the legislative scheme for dealing with councillor misconduct and poor performance and council maladministration. Disqualification under s275 The new s275(1)(A) relates to disqualifications from holding

The Local Government Amendment (Councillor Misconduct and Poor Performance) Act 2015 (Amending Act) commenced on 13 November 2015 and makes several changes to the Local Government Act 1993 (LG Act) dealing with councillor misconduct and poor performance and council maladministration. Disqualification from holding civic office The Amending Act inserted section 275(1A) to the LG Act

A council’s decision to withhold correspondence to and from the council’s in-house lawyers on the basis of client legal privilege has recently been the subject of a review under the Government Information (Public Access) Act 2009 (GIPA Act) before the Civil and Administrative Tribunal NSW (the Tribunal) in the case of Holman v Warringah Council