Reading RoomThe Local Government Amendment Bill 2011 was introduced to the Legislative Assembly on 12 October 2011 by the Minister for Local Government, Donald Page MP. The Bill (with substantial amendments) was passed on 29 March 2012, and has now received Royal assent by the Governor.
The decision of Preston CJ in Brown v Randwick City Council (No 2) [2012] NSWLEC 28 is an important case in relation to costs for councils and beneficiaries of development consents who are defending, or considering defending, Class 4 proceedings.
Two recent decisions, one in the District Court and one in the Land and Environment Court, have wide ranging implications for Councils – one in respect of liability, and the other in relation to the fees and charges Councils can impose.
Both decisions will have an impact on council resources.
The decision by the District Court highlights the onus placed on councils by the law to discharge their duties reasonably. The decision provides commentary on the persons councils owe a duty of care, the circumstances where such a duty might be breached, as well as some important judicial consideration of section 44 of the Civil Liability Act 2002 which provides an exclusion to liability in certain circumstances where a council fails to consider exercising a function or prohibit or regulate an activity.
To view full update, please download PDF
The Independent Commission Against Corruption's (ICAC) most recent report provides yet another voice calling for the amendment of Part 3A of the Environmental Planning and Assessment Act 1979 (EP&A Act).[1] In a context where the NSW opposition has pledged to do away with Part 3A if elected next March, ICAC's report will provide the NSW Labor …
In this case Calardu Penrith Pty Ltd v Penrith City Council [2010] NSWCA 189, the Court of Appeal was asked to revisit a decision of Justice Biscoe in the Land & Environment Court and determine whether the Council or the relevant Joint Regional Planning Panel (JRPP) had power to determine a development application.
Maddocks previously reported in July 2009, an Independent Commission Against Corruption (ICAC) investigation into conduct of Jin Hua Chen and his wife, Yu Ling Sun who offered three cash payments totalling $600 to Warringah Council officers in order to facilitate the Council’s building inspection approval of their business. Mr Chen admitted to intending to bribe the Council …
This case involves an interesting interplay between planning and administrative law. The Applicant submitted a number of distinct yet interrelated arguments for the invalidity of a development consent. The basis of the argument was that Penrith City Council had not only incorrectly decided the development consent, but also that it had no power to decide the development application in the first …
On 26 February 2010, the Freedom of Information Amendment (Planning and Administrators) Regulation (new Regulation) came into force. The new Regulation makes changes to the Freedom of Information Regulation 2005 (2005 Regulation) by clarifying that three particular bodies are not separate "public authorities" …
On 1 March 2010, the Local Government (General) Amendment (Planning and Reporting) Regulation 2010 was enacted to amend the Local Government (General) Regulation 2005. Both these Regulations have come into effect as a consequence of the amendments made by the Local Government Amendment (Planning and Reporting) Act 2009 to the Local Government Act 1993.
To view …
Some time ago in Hassta Holdings Pty Ltd v Maroondah CC [2007] VCAT 2455 (Hassta), the Tribunal held that the practice of making a public open space requirement under section 18 of the Subdivision Act 1988 by way of a note on a planning permit is not a valid means of making such a requirement. The Hassta decision was subsequently appealed to the Supreme Court. …
