The Land & Environment Court has again pierced the corporate veil to find a director of a developer company guilty of carrying out a development without consent and fined the director $150,000. The Court has also rejected the somewhat creative defence of ‘necessity’ raised by both the developer company and its director, which can be…
Last week we blogged on the requirements of procedural fairness in the issuing of Orders. The case of Tweed Shire Council v Furlonger (Furlonger) raises another issue with Orders also rooted in the rules of procedural fairness. This appeal was all about a technical problem with the service of documents. Deciphering the legalese The service…
Last week, we mentioned that in late December 2014, there were two Court of Appeal decisions handed down on the same day regarding acquisitions of open space land at Tempe. This week, we consider the other judgment delivered: Sydney Water Corporation v Marrickville Council [2014] NSWCA 438. The case is important because it impacts the…
To what extent does the categorisation of land as community land stymie development? In what circumstances can works be carried out on community land for the purposes of development on an adjoining property? What happens in circumstances where a Council fails to properly categorise land? These questions were covered in the recent decision of Watpac…
Last week, we commented on the first set of decisions by the Land and Environment Court on the compulsory acquisitions for the North West Rail Link. Biscoe J has handed down a further lengthy written judgment in Attard & Ors v Transport for NSW [2014] NSWLEC 44. The judgment is in respect of eight sets…
Willoughby City Council v Roads and Maritime Services [2014] NSWLEC 6 Justice Biscoe has handed down another judgment relating to the compulsory acquisition of open space lands. As mentioned in our blog last week, the decision of Willoughby City Council v Roads and Maritime Services [2014] NSWLEC 6 is the second recent case that touches on…
While we wait for information on what the Government intends to do following its review of the Land Acquisition (Just Terms Compensation) Act 1991, the year ahead nevertheless looks set to be a busy year in the class 3 jurisdiction of the Land and Environment Court. Sixteen class 3 matters were listed for the first…
Planning and Environment in NSW 