Welcome to the second 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:

• principles concerning appeals under section 56A of the Land and Environment Court Act 1979 (NSW);
• the matters which a court will take into consideration when determining the sentence for an offence in relation to damage to a heritage item;
• whether the Hardiman Principle concerning apprehension of bias applies where a consent authority has been involved in determining a prior development application concerning substantially the same works on the same property;
• the extent to which consent authority have the power to impose affordable housing contribution conditions under the Environmental Planning and Assessment Act 1979 (NSW);
• the determination of whether a development consent has expired;
• the continuation of proceedings, where the originating party withdraws or is otherwise removed;
• the sentencing of a local council for offences under the Protection of the Environment Operations Act 1997 (NSW);
• the evidence required to establish prohibited use of land and the characterisation of an activity;
• the matters that a consent authority is to consider when assessing impacts of an emissions intensive development; and
• factors relevant to the disclosure of information obtained following a community engagement process under the Government Information (Public Access) Act 2009 (NSW).

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