Zoning in on Planning and Competition: The Harper Report

What do planning and zoning have to do with the Harper Review into competition policy? Quite a bit. Although the media and the legal community have largely focused on other issues arising from the federal government’s Competition Policy Review Final Report (Harper Report), released on 31 March 2015, the word ‘planning’ occurs 159 times throughout…

$60k lopped off Council’s bottom line for non-consent

Authorities prosecuting offences against NSW environmental and planning law have a number of important duties, and the failure to discharge those duties exposes the prosecutor to substantial cost implications. Kogarah City Council v El Khouri is a case in point where $60,000 in costs was awarded against the Council prosecutor for its failure to discharge…

How to get to first base – lessons in telco planning

There are around 12 million users of smartphones in Australia according to the Australia Communications and Media Authority. To support this usage, infrastructure such as telecommunications base stations are required in our regional, rural and city centres. The installation and location of this infrastructure needs to be balanced against community impacts such as visual amenity, and…

Exploring the value of open space

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…