POSTSCRIPT: Rafailidis appeal dismissed

The Court of Appeal recently handed down judgment in Rafailidis v Roads and Maritime Services [2015] NSWCA 143, dismissing Mrs Koula Rafailidis’ appeal against the judgments of Craig J and Sheahan J. Our earlier blog on Castle-style arguments in compulsory acquisition litigation examined one of these cases at first instance. The Court of Appeal (Beazley P,…

Bilateral agreements under the EPBC Act: How easy is it to cut green tape? (Part 1)

Overlapping State and Commonwealth approval requirements leading to project risks The environmental approval process under the Commonwealth’s Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) operates in parallel to State-based approval processes, such as the development consent process under the Environmental Planning and Assessment Act 1979 (NSW) (EP&A Act). That means that, for example, a…

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…