Welcome to the first edition of the NSW Local Government Court Reporter for 2025. 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 meaning of the ‘public purpose’ in determining compensation for a compulsory acquisition;
• relief to be granted for unlawful structures;
• the meaning of ‘premises’ in the context of scheduled activities, and ‘land’ in the context of pollution, under the Protection of the Environment Operations Act 1997 (NSW);
• the application of environmental planning instruments to ‘paper’ subdivisions;
• the appeal of a Land and Environment Court Commissioner’s decision refusing consent despite the parties agreeing that the development should be approved;
• the weight to be given to a draft planning proposal in assessing development applications, and what constitutes a distinct ‘lot’;
• noise and visual amenity impacts from a dog breeding facility;
• what is required to discharge the obligation to ‘undertake reasonable searches’ for information sought under the Government Information (Public Access) Act 2009 (NSW); and
• when land the subject of an Aboriginal land claim is needed, or likely to be needed, for an ‘essential public purpose’ under the Aboriginal Land Rights Act 1983 (NSW).

We hope you enjoy reading this edition of the Court Reporter.