The Castle-style arguments

Recent cases on the Just Terms Act The iconic Australian satire The Castle follows an Australian family who successfully challenged a compulsory acquisition of their land. One of the arguments comically portrayed in the film was that the acquisition was against the ‘vibe’ of the law. Two cases recently handed down by the Land and…

Enforcing conditions of consent

What are the competing interests considered by the Court in granting injunctions to restrain breaches of conditions of consent? We commonly provide advice on injunctive relief where development is proceeding in ways which appear to be contrary to approved plans or conditions of consent. The recent decision in Council of the City of Sydney v…

How development should respond to severe weather events

The recent case Catalina Island Pty Limited v Pittwater Council [2014] NSWLEC 1125 demonstrates how the Land and Environment Court takes into consideration severe weather events in assessing development applications. This case was an appeal against the refusal by Pittwater Council of a development application by Catalina Island for the construction of eight apartments pursuant to…