Welcome to the first edition of the NSW Local Government Court Reporter for 2023. The purpose of this publication is to keep you up to date with decisions that impact local councils in NSW.

In this edition, we consider cases regarding:

• The relevant test for making an interim heritage order.
• The importance of including a contention that addresses developer contributions in your Statement of Facts and Contentions.
• A challenge to a modification of a development consent on the grounds that the consent authority failed to consider the reasons for the grant of development consent (in the case where none were originally given) and failing to form the requisite state of satisfaction that the development was ‘substantially the same development’.
• The proper tests to apply when considering public interest considerations in favour of or against disclosure of government information, particularly with respect to information protection principles, supply of confidential information and consultation with third parties when the relevant government information is a complaint.
• The disclosure of personal information of a councillor in a committee report.
• How to disclose information that is subject to copyright under the Government Information (Public Access) Act 2009