LOCAL GOVERNMENT ENVIRONMENTAL REPORTS

Similar documents
LEGAL UPDATE September 2012

Marie Elizabeth Hawley Yarra Ranges Shire Council 10 Glendale Court, Kilsyth Melbourne Tonia Komesaroff, Member Hearing

THE FEDERAL LAW REPORTS EDITOR VICTOR KLINE. Barrister-at-Law CONSULTING EDITORS ANTHONY DICKEY QC DR OREN BIGOS PRODUCTION EDITOR

THE FEDERALLAW REPORTS EDITOR. VICTOR KLINE Barrister-at-Law CONSULTING EDITOR ANTHONY DICKEY QC PRODUCTION EDITOR ALISON PAYNE REPORTERS

1 The decision of the responsible authority is set aside. 2 In permit application No. 577/2008/P no permit is issued.

Subdivision and Existing and Continuing Use Rights under Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (REP 2005).

Offers of compromise under rule of the UCPR: Learned Friends, Fiji July 2015 ANDREW COMBE BARRISTER AT LAW

Planning and Subdivision Fees Effective 1 July 2018 to 30 June 2019

KEY DIFFERENCES BETWEEN THE UNIFORM LAW AND THE NEW SOUTH WALES AND VICTORIAN LEGAL PROFESSION ACTS

Payroll Tax Rebate Scheme (Jobs Action Plan) Act 2011 No 19

LOCAL GOVERNMENT, PLANNING AND ENVIRONMENTAL LAW UPDATE. June 2018

FEDERAL COURT REPORTS

Prosecutions Update November 2014

1 This matter is listed for hearing on Thursday 17 February 2011 at am for one day.

To receive and consider the Company s financial reports and the report of the Directors and the Auditor for the financial year ended 30 June 2012.

SUPREME COURT OF QUEENSLAND

REFUGEE WELCOME ZONES

THE NORTHERN TERRITORY LAW REPORTS

Confirm Before You Clear Legislation Update: State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

Interpretation of Delegated Legislation

ULTRA VIRES IN ULTRA VIRES IN T.E. Cain*

LAWBOOK CO. s DISTRICT COURT LAW REPORTS (NSW)

This fact sheet covers:

Steps to be taken before the commencement of civil proceedings: the new regime(s)

EXPERT EVIDENCE THE RULES FOR EXPERT EVIDENCE IN AUSTRALIA

PRACTICE NOTE PNPE9 (Amendment of Plans and Applications) PLANNING AND ENVIRONMENT LIST

Forestry Act 2012 No 96

Deed I do...if signed and delivered: 400 George Street (Qld) Pty Limited v BG International Limited

Industrial Relations (Commonwealth Powers) Act 2009 No 115

DECISION NOTICE Planning Act 2016

NOTICE OF ANNUAL GENERAL MEETING

Appellant. Ellen France P, Harrison and Wild JJ. R B Lange for Appellant A R Galbraith QC and J G Collinge for Respondent JUDGMENT OF THE COURT

SUPREME COURT OF QUEENSLAND

SUPREME COURT OF QUEENSLAND

State Environmental Planning Policy (Rural Lands) 2008

THE 1998 AMENDMENTS TO LOCAL GOVERNMENT AND PLANNING LAW

Water NSW Act 2014 No 74

A working guide to seeking enforcement in planning matters and nuisance under the Public Health and Wellbeing Act

In The Court of Appeals Fifth District of Texas at Dallas. No CV

Primary Legislation (Acts of Parliament)...2. Subordinate Legislation (Regulations, Rules, etc.)...2. Local Laws...3. Approved Forms/Guidelines...

LEGAL UPDATE August 2014

SUPREME COURT OF QUEENSLAND

For personal use only

australian network of environmental defender s offices

Moresi Builders Pty Ltd (ACN )

Number 10 of Valuation (Amendment) Act 2015

THE VALIDITY OF ADJUDICATORS DETERMINATIONS CONTAINING ERRORS OF LAW: THE NSW JUDICIAL APPROACH

Regulatory impact assessment of potential duplication of governance and reporting standards for charities

The Authorised Reports of the Decisions of the Supreme Court of Tasmania THE TASMANIAN REPORTS EDITOR CHRIS GUNSON.

Charities Act 2011 PART 6 CY-PRÈS POWERS AND ASSISTANCE AND SUPERVISION OF CHARITIES BY COURT AND COMMISSION

D E C I S I O N N O T I C E Planning Act 2016

Constitution. Australian Energy Market Operator Limited "Company" A company limited by guarantee

Environmental Planning and Assessment Regulation 2000

THE IMPLICATIONS OF JURISDICTIONAL FACT REVIEW FOR PLANNING AND ENVIRONMENTAL DECISION-MAKING

SUPREME COURT OF QUEENSLAND

Authorised Version. Planning and Building Legislation Amendment (Housing Affordability and Other Matters) Act 2017

This chapter contains the full text of the Civil Procedure Rules 2002, with interposed annotations.

6. To consider and, if thought fit, to pass the following resolution as a special resolution:

BALANCING THE TREATMENT OF PERSONAL INFORMATION UNDER FOI AND PRIVACY LAWS: A COMPARATIVE AUSTRALIAN ANALYSIS. PART 2

APPEALS FROM VCAT TO THE SUPREME COURT

Surveillance Laws and Balancing Privacy Obligations South Australian Freight Council Inc (SAFC) October 2018

A briefing session presented by Dr Ian Ellis Jones

For personal use only

NSW Civil & Administrative Tribunal Reference Group Discussion Paper submissions Papers 5(a) and 5(b)

JURD7160/LAWS1160 Administrative Law

NOTICE OF ANNUAL GENERAL MEETING

Legal Profession Uniform General Rules 2015

Extrinsic Material: Definition: Extrinsic ex trin sic adj:

PARLIAMENT OF VICTORIA. Planning and Building Legislation Amendment (Housing Affordability and Other Matters) Bill 2017

Notice of 2017 Annual General Meeting and Explanatory Memorandum

Real Property Act (N.S. w.) (1958) s. 43

The Society s submission. in response to the. Legal Practitioners (Miscellaneous) Amendment Bill 2012

452 Rating Valuations 1998, No. 69

REMOVAL FROM OFFICE AND SECTION 33 OF THE ACTS INTERPRETATION ACT 1901

Strata Renewal Reforms

Standing Road Map. The Question

Victorian Landata Deed Access to Index Search Function June 5 th 2011

TIPS ON RUNNING CIVIL MATTERS IN THE LOCAL COURT. 1. Overview of the Local Court Civil Jurisdiction

Election The Watergardens group met with Vic Aboriginal Affairs Minister, Natalie Hutchins in 2015 on CIE.

Cutting Red Tape. Submission to the Queensland Parliament Finance and Administration Committee

SA ADJUDICATION APPLICATION FORM

An Indigenous Advisory Body Addressing the Concerns about Justiciability and Parliamentary Sovereignty. By Anne Twomey *

Migration (IMMI 18/037: Regional Certifying Bodies and Regional Postcodes) Instrument 2018

SUPREME COURT OF QUEENSLAND

VALUATION OF LAND (MISCELLANEOUS) AMENDMENT ACT 1998

Environmental Planning and Assessment Amendment Act 2012 No 93

How to assess a development application under the Sustainable Planning Act 2009

Adjudication Application (South Australia) Made under the Building and Construction Industry Security of Payment Act 2009 (SA)

EXPERT EVIDENCE Information Session for Expert Witnesses

Chapter 1 Introduction

SUPREME COURT OF QUEENSLAND

COURT REPORTER PAGE 9

Planning Institute of Australia (NSW Division) Submission on Draft Environmental Planning and Assessment Regulation 2010

D E C I S I O N N O T I C E Planning Act 2016

CONDITIONS OF CONSENT & THE ROLE OF THE CERTIFIER

Australian Conservation Foundation v Latrobe City Council

1965, No. 64. BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

Home Invasion (Occupants Protection) Act 1998 No 109

UPDATE 24 FEBRUARY 2017 NSW CIVIL PROCEDURE. JP Hamilton, G Lindsay and C Webster

rk.com.au FINANCIAL COUNSELLING AUSTRALIA LIMITED (formerly Financial Counselling Australia Incorporated) ACN ABN

Transcription:

SEPTEMBER 2013 Reports concerning local government, valuation of land, compensation, town planning, environmental control and powers and duties of statutory authorities from the High Court, Federal Court, Supreme Courts of the States and Territories and the Victorian Civil and Administrative Tribunal. The Authorised reports of the NSW Land and Environment Court THE LOCAL GOVERNMENT AND ENVIRONMENTAL REPORTS OF AUSTRALIA 2012-2013 EDITOR SA WHITE, MA LLB REPORTERS J VENEZIANO N HOLLINSHEAD VOL 195 PART 2 PAGES 114-228

The mode of citation of this part will be: 195 LGERA TABLE OF CASES REPORTED Part 2 Pages 114-228 820 Cawdor Road Pty Ltd v Wollondilly Shire Council (NSW Land & Environment Ct)... 170 Allandale Blue Metal Pty Ltd v Roads and Maritime Services (NSW Ct of App)... 182 Banyule City Council and Others; Jireh Investment Group Pty Ltd v (Vic Civil & Admin Trib)... 165 Bardsley-Smith and Another v Penrith City Council and Others (NSW Ct of App)... 34 Council (NSW Ct of App)... 114 Davidson v Yarra Ranges Shire Council and Another (Vic Civil & Admin Trib)... 129 Eurobodalla Shire Council; Bodalla Aboriginal Housing Company Ltd v (NSW Ct of App)... 114 Harris; Harrison v (NSW Land & Environment Ct)... 79 Harrison v Harris (NSW Land & Environment Ct)... 79 Jireh Investment Group Pty Ltd v Banyule City Council and Others (Vic Civil & Admin Trib)... 165 K&M Prodanovski Pty Ltd v Wollongong City Council (NSW Ct of App)... 23 Kapiris v Macedon Ranges Shire Council and Others (Vic Civil & Admin Trib)... 140 Kemp Investments (NSW) Pty Ltd and Another v Valuer-General (NSW Land & Environment Ct)... 1 Leichhardt Council; Rowlane Investments Pty Ltd v (NSW Land & Environment Ct)... 9 Macedon Ranges Shire Council and Others; Kapiris v (Vic Civil & Admin Trib)... 140 McIntyre; Townsville City Council v (Qld Sup Ct)... 66 (Cases in bold reported in this part) ISSN 1039-7213

TABLE OF CASES REPORTED Penrith City Council and Others; Bardsley-Smith and Another v (NSW Ct of App)... 34 Queanbeyan City Council v Sun (No 2) (NSW Land & Environment Ct)... 14 Roads and Maritime Services; Allandale Blue Metal Pty Ltd v (NSW Ct of App)... 182 Rowlane Investments Pty Ltd v Leichhardt Council (NSW Land & Environment Ct)... 9 Sun (No 2); Queanbeyan City Council v (NSW Land & Environment Ct)... 14 Townsville City Council v McIntyre (Qld Sup Ct)... 66 Valuer-General; Kemp Investments (NSW) Pty Ltd and Another v (NSW Land & Environment Ct)... 1 Wollondilly Shire Council; 820 Cawdor Road Pty Ltd v (NSW Land & Environment Ct)... 170 Wollongong City Council; K&M Prodanovski Pty Ltd v (NSW Ct of App)... 23 Yarra Ranges Shire Council and Another; Davidson v (Vic Civil & Admin Trib)... 129 (Cases in bold reported in this part)

INDEX Part 2 Pages 114-228 COSTS Conduct of proceeding Unnecessary costs Opposition by water authorities to erection of dwelling on 16 hectare lot in declared Special Water Supply Catchment Area causing lengthy extension to hearing Macedon Ranges Planning Scheme Rural Conservation Zone 1(Vic) Victorian Civil and Administrative Tribunal Act 1998 (Vic). Kapiris v Macedon Ranges Shire Council and Others (Vic Civil & Admin Trib)... 140 DEVELOPMENT Zoning objective Potable water supply Dwelling density Impacts on water quality Precautionary principle Rural zoning Construction of dwelling on 16 hectares lot in proclaimed potable water supply catchment Site within declared Special Water Supply Catchment Area Opposition to development by rural water authorities Macedon Ranges Planning Scheme Rural Conservation Zone 1(Vic). Kapiris v Macedon Ranges Shire Council and Others (Vic Civil & Admin Trib)... 140 DEVELOPMENT APPLICATION Amended plans Expert reports Notice Amended plans showing significant changes to apartment building appended to expert report Onus rests with applicants to ensure circulation of amended plans Victorian Civil and Administrative Tribunal s Practice Notes PNVCAT 2 (for expert reports) and PNPE9 (amended plans) Planning and Environment Act 1987 (Vic). Jireh Investment Group Pty Ltd v Banyule City Council and Others (Vic Civil & Admin Trib)... 165 DEVELOPMENT CONSENT Extrinsic material Proper construction of consent Incorporation of extraneous material into consent expressly or by necessary implication Environmental Planning and Assessment Act 1979 (NSW). ENVIRONMENTAL PLANNING INSTRUMENTS Local environmental plan Prohibition on erection of dwellings Exception for erection of replacement dwellings Whether development consent limited to replacement of existing elements Wollondilly Local Environmental Plan 2011 (NSW), cl 4.2A(4)(a).

INDEX LAND AND ENVIRONMENT COURT (NSW) Discretion Order for separate and preliminary decision of questions Principles Civil Procedure Act 2005 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW), r 28.2. PRACTICE AND PROCEDURE Delay Extension of time sought for leave to appeal Order for separate determination of preliminary question Delay by appellant seeking leave to appeal pending outcome of separate determination Statutory objective of just, quick and cheap resolution of the real issues in the proceedings Whether extension of time consistent with statutory objective Civil Procedure Act 2005 (NSW), s 56. Extension of time Separate determination of preliminary question Whether preliminary question relevant to primary issue in dispute Whether resolution of preliminary question would be dispositive of litigious controversy or substantially narrow field of litigious controversy Whether issue must be critical Construction of a development consent Whether order of separate determination open Civil Procedure Act 2005 (NSW), s 56. RATES Exemptions Public charity Memorandum of association with charitable and non-charitable objects Whether non-charitable objects ancillary, incidental, dependant or concomitant to four charitable objects Local Government Act 1993 (NSW), s 556(1)(h). STATUTES Interpretation Memorandum of association with charitable and non-charitable objects Rates exemption Whether non-charitable purposes of memorandum of association invalid and to be disregarded Whether regard can be had to activities of company where memorandum sets out details of its purposes and objects Charitable Trusts Act 1993 (NSW), s 23. SUBDIVISION Minimum lot sizes Yarra Ranges Planning Scheme (Vic) Validity of schedule to Green Wedge Zone Maximum lot sizes Planning and Environment Act 1987 (Vic), s 77. Davidson v Yarra Ranges Shire Council and Another (Vic Civil & Admin Trib)... 129

INDEX WORDS AND PHRASES Belongs Local Government Act 1993 (NSW), s 556(1)(h). Erected erection dwellings whether development consent limited to replacement of existing elements Wollondilly Local Environmental Plan 2011 (NSW), cl 4.2A(4)(a) Interpretation Act 1987 (NSW), s 11. Just, quick and cheap resolution of the real issues in the proceedings whether extension of time consistent with statutory objective Civil Procedure Act 2005 (NSW), s 56. Public charity Local Government Act 1993 (NSW), s 556(1)(h). Replace dwelling whether development consent limited to replacement of existing elements Wollondilly Local Environmental Plan 2011 (NSW), cl 4.2A(4)(a) Interpretation Act 1987 (NSW), s 11.