Prue has developed a specialised practice in the planning and environment field. The litigation aspect of Prue’s practice involves appearing regularly before Registrars, Commissioners and Judges in the Land and Environment Court of New South Wales and the Supreme Court of New South Wales, Prue is committed to keeping informed of all developments in legislation and case law pertinent to this field. Her experience involves advising and appearing in court on behalf of private and local government clients in respect of a diverse range of planning, compliance and governance matters.
- Exercising of council’s functions
- Preparation and interpretation of Environmental Planning Instruments
- Classification of and dealings with public land
- Prosecution by council for offences
- Judicial review of council decisions
- Merits review of council decisions
- Existing use rights
- Categorisation of land use
- Commencement and lapsing of development consents
- Kentucky Fried Chicken v City of Canada Bay (Class 4): preparation of detailed advices in relation to Class 4 Land and Environment Court proceedings with respect to contaminated land. The matter was successfully settled prior to hearing.
- 7-Eleven Stores v. City of Sydney Council: was successful in defending a challenge brought by the Applicant against an anti-clustering clause in its convenience store DCP. An order for costs was also made in council’s favour.
- Solowave Pty Ltd v City of Sydney Council: instructed counsel in 4 sets of proceedings relating to a nightclub and place of public entertainment. Prue was successful in having two of those proceedings discontinued by the Applicant and a third dismissed by the court for the Applicant’s failure to prosecute. The fourth, relating to acoustic and amenity impacts arising from the use, recently went to hearing before commissioner Murrell.
- Deeves v Ku-ring-gai Council: appeared as advocate in these class 1 proceedings, successfully obtaining development consent for the client. The primary issue to be resolved in this case was the impact of the proposed development on a nearby water course (Integrated Development).
- City of Sydney ats Hemmes Hermitage Pty Ltd: Prue advised Council in relation to the negotiation, drafting and execution of a commercial agreement with Hemmes Hermitage in respect of the new ‘Ivy’ development on George Street, including provisions relating to Council owned land affected by the development.
- F & D Bonaccorso Pty Ltd.v City of Canada Bay Council: Prue instructed Counsel on behalf of the City of Canada Bay Council in multiple proceedings including two class 4 applications, an appeal to the Court of Appeal and a special leave application to the High Court of Australia relating to a challenge to the validity of development consents, classification of public land and the interrelationship between the Local Government Act 1993 and the Conveyancing Act 1919 with respect to principles of ‘indefeasibility of title’.
- IPOH Pty Ltd v City of Sydney Council: Prue instructed Counsel in respect of a preliminary question of law relating to the Court’s power to grant owner’s consent in respect of Council owned land, and a significant heritage asset, being the Queen Victoria Building, Sydney.
- S.88K Conveyancing Act: Prue has also recently managed a number of actions in the Supreme Court of NSW regarding the imposition of easements relating to drainage and vehicular access pursuant to S.88K of the Conveyancing Act 1919.