DIPLOMA IN LAW
LEGAL PROFESSION
ADMISSION BOARD
LAW EXTENSION COMMITTEE
LAW EXTENSION COMMITTEE SUBJECT GUIDE
20 LOCAL GOVERNMENT AND PLANNING
SUMMER SESSION 2015-16
This Guide includes the Law Extension Committee’s course information and teaching program and the
Legal Profession Admission Board’s syllabus. The syllabus is contained under the heading “Prescribed
Topics and Course Outline” and has been prepared in accordance with Rule 27H(a) of the NSW
Admission Board Rules 2015.
Course Description and Objectives
Lecturer
Assessment
March 2016 Examination
Lectures
Texts and Materials
Compulsory Assignment
Assignment Question
Weekend Schools 1 and 2
Lecture Program
Prescribed Topics and Course Outline
Local Government and Planning Case List
1-2
2
2-3
3
3-4
4
5
5
5
6-15
16-20
1
LAW EXTENSION COMMITTEE
SUMMER 2015-16
20 LOCAL GOVERNMENT AND PLANNING
COURSE DESCRIPTION AND OBJECTIVES
The Local Government and Planning course examines the bodies of law which regulate the
establishment, status, powers, operation and accountability of local councils and the environmental
and planning laws which regulate the use of land, the subdivision of land, the erection of buildings, the
carrying out of works, and the demolition of buildings or works.
The enactment of the Local Government Act 1993 largely broke the prescriptive approach of its
predecessor, the Local Government Act 1919. It presented major challenges and opportunities to
Local Government.
The Local Government Act 1993 was amended in 2002, 2004 and 2005 by the insertion of important
provisions relating to the consequence of serious corrupt conduct, the discipline of councillors, council
staff and other persons and the requirement to adopt a new Model Code of Conduct.
In 2013, provisions were enacted enabling the Minister for Local Government to issue a performance
order in respect of a council if he or she reasonably considers that action must be taken to improve the
performance of the council. Provisions were also enacted enabling the Minister to suspend a council if
the Minister believes that the appointment of an interim administrator is necessary to restore the
proper or effective functioning of the council.
Dramatic changes to the laws regulating development, building, demolition and subdivision came into
effect on 1 July 1998. Further major changes followed, including the new regime of Critical
Infrastructure Projects and Major Development Projects involving unprecedented powers for the
Minister for Planning under Part 3A of the Environmental Planning and Assessment Act 1979 (“the
EPA Act”). The current NSW Government, shortly after its election, repealed Part 3A operative from
August 2011.
On 22 October 2013, the NSW Government introduced into the Parliament the Planning Bill 2013 and
the cognate Planning Administration Bill 2013. This proposed legislation was preceded by the Green
Paper - A New Planning System for NSW which was exhibited in July 2012. It was followed by the
White Paper – A New Planning System for NSW and draft planning legislation which were released on
16 April 2013. They were on public exhibition until 28 June 2013.
The EDO NSW formerly known as the Environmental Defenders Office (“the EDO”) made a statement
late in October 2013 including the following comments:
“What will these changes mean for your community? These reforms are the biggest overhaul of
environmental planning in NSW since 1979. Planning laws are important in determining:
•
what development can happen in an area (from houses to mines) and who gets a say
•
how suburbs, towns and cities are planned (transport, shops, offices, parks, schools)
•
how our communities manage growth and change, and balance needs and interests
•
how developers and governments have to consider and protect the environment.”
The proposed legislation referred to by EDO NSW would, if passed, have replaced the current
Environmental Planning and Assessment Act 1979. However, Labor, the Greens and the Shooters
and Fishers Party were instrumental in achieving major amendments to the Bills. The then Planning
Minister, the Hon Brad Hazzard MP, responded by withdrawing the Planning Bills. The Hon Rob
Stokes MP, formerly Minister for the Environment, Minister for Heritage and Assistant Minister for
Planning, on 2 April 2015 became Minister for Planning in a ministerial reshuffle.
2
The course encompasses one of the fastest growing areas of NSW law and practice and addresses
the operation and effects of the various changes which are of vital importance to lawyers who
specialise, or are developing specialisation, in the field of local government, environmental and
planning law. It also covers alternate dispute resolution in those fields.
Local councils have many roles as:
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legally elected entities, accountable to their communities;
providers of vital services;
regulators;
agencies of other spheres of government;
creatures of statute, accountable to the State government;
organisations with a history;
major employers.
The aim of the Local Government and Planning course is to enable students, through lectures, study
and practical course exercises, to explore and understand the wide variety of laws under which
councils operate as regulators and providers of vital services to their communities. This knowledge
and expertise will not only assist them in local government and planning legal practice but also will
provide invaluable expertise in various aspects of conveyancing practice.
LECTURER
Mr W A Henningham, PSM, LLB (Syd)
Mr Bill Henningham is a solicitor and mediator in private practice specialising in local government and
environmental planning law and alternate dispute resolution. He is a former Council Alderman and
Mayor. For seven years he was Secretary and Principal Solicitor of the Local Government and Shires
Associations of New South Wales (now known as Local Government NSW). Mr Henningham has
written and addressed conferences and seminars and conducted workshops extensively on the topics
covered in the course. He is the author of chapters on local government law and practice in LexisNexis Local Government and Planning Service (NSW) Vol C and is lecturer in the subject of
Conveyancing in the Diploma in Law course.
If you wish to discuss any aspect of the subject matter of the Local Government and Planning course,
you may consult Mr Henningham, whose telephone number is (02) 9427 0519.
ASSESSMENT
To be eligible to sit for the Board’s examinations, all students must complete the LEC teaching and
learning program, the first step of which is to ensure that you have registered online with the LEC in
each subject for which you have enrolled with the Board. This gives you access to the full range of
learning resources offered by the LEC.
To register with the LEC, go to www.sydney.edu.au/lec and click on the WEBCAMPUS link and follow
the instructions. Detailed guides to the Webcampus are contained in the material distributed by the
LEC, in the Course Information Handbook, and on the Webcampus.
Eligibility to Sit for Examinations
In accordance with the Legal Profession Admission Rules, the LEC must be satisfied with a student’s
performance in a subject in order for the student to be eligible to sit for the examination, conducted by
the Legal Profession Admission Board (LPAB). Assignments are used to assess eligibility.
Students are expected to achieve at least a pass mark of 50% in assignments to be eligible to sit for
examinations. However, a category of “deemed eligible” has been introduced to offer students whose
assignment mark is between 40-49% an opportunity to sit for the examination. In these circumstances
students are often advised not to sit. A mark below 40% means a student is not eligible to sit for the
examination.
3
Assignments as part of the Board’s Examinations
Assignment results contribute 20% to the final mark in each subject.
The Law Extension Committee (LEC) administers the setting and marking of assignments. The LEC
engages the LPAB’s Examiners to assess or supervise the assessment of assignments.
Submission
Assignments must be received by 11:59pm on the due date unless an extension has been granted.
Extensions must be requested by email prior to the due date. Specific supporting evidence must be
provided. Assignments that are more than ten days late will not be accepted. Late assignments attract
a penalty of one mark out of 20, or 5% of the total marks available, per day.
Assessment
Assignments are assessed according to the “Assignment Grading and Assessment Criteria” outlined
in the Guide to the Presentation and Submission of Assignments. Prior to the examination,
assignments will be returned to students and results posted on students’ individual results pages of
the LEC Webcampus. Students are responsible for checking their results screen and ascertaining their
eligibility to sit for the examination.
Review
Where a student’s overall mark after the examination is between 40-49%, the student’s assignment in
that subject will be included in the Revising Examiner’s review. The final examination mark is
determined in accordance with this review. Assignment marks will not otherwise be reviewed.
MARCH 2016 EXAMINATION
Candidates will be expected to have a detailed knowledge of the prescribed topics set out or referred
to in pages 6-15 of this Subject Guide.
Candidates will also be expected to have analysed the cases contained in the Case List commencing
on page 16.
It will be assumed that candidates are familiar with the basic principles of administrative law, and that
they can interpret relevant provisions in the Local Government Act 1993 and the Environmental
Planning and Assessment Act 1979 in light of the basic requirements imposed on all administrative
decision makers, that is, that councils must keep within the limits of the authority conferred by
Parliament, act reasonably and in good faith, and comply with the requirements of procedural fairness.
Candidates will find it helpful to consult their administrative law texts and references.
It will also be assumed that candidates are familiar with the basic principles of negligence. Candidates
will find it helpful for Topic 11.1 in the lecture program to refer to their Torts texts where necessary.
The Local Government and Planning examination is an open book examination. Students may refer to
any permitted or handwritten materials they have brought to the examination.
Please direct all enquiries in relation to examinations to the Legal Profession Admission Board.
LECTURES
Lectures in Local Government and Planning will be held on Thursdays from 6.00pm until 9.00pm. In
the first half of the semester, from 12 November to 17 December, they will be held in Carslaw Tutorial
Room 354 (CTR 354). After the study break, lectures will be held in Mills Tutorial Room 205 (Mills TR
205), RC Mills Building, on Fisher Road.
4
A map of the University of Sydney’s main campus, showing the location of these lecture venues, is
included at the back of the Course Information Handbook.
NOTE: STUDY BREAK IS FROM FRIDAY 18 DECEMBER 2015 –
SUNDAY 10 JANUARY 2016
TEXTS AND MATERIALS
Course Materials
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Supplementary Materials in Local Government and Planning (available via the link to the Law
Library in the Course Materials section of the LEC Webcampus)
Guide to the Presentation and Submission of Assignments (available on the LEC Webcampus)
The Relevant Legislation
Internet access to the relevant legislation can be readily obtained through www.austlii.edu.au.
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Local Government Act 1993 (NSW)
Local Government (General) Regulation 2005 (NSW)
Environmental Planning and Assessment Act 1979 (NSW)
Environmental Planning and Assessment Regulation 2000 (NSW)
Civil Liability Act 2002 (NSW)
Government Information (Public Access) Act 2009 (NSW)(“GIPA Act”) Pts 2 – 4
Trees (Disputes Between Neighbours) Act 2006 (NSW)
Prescribed Materials
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Pearson, Local Government Law in New South Wales, Federation Press, 1994
Farrier and Stein, The Environmental Law Handbook, 5th ed. Thomson Reuters, 2011
Lyster, Lipman, Franklin, Wiffen and Pearson, Environmental and Planning Law in NSW, 3rd ed.
Federation Press, 2012
Other Reference Materials
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LexisNexis Butterworths and Thomson Reuters each publish loose leaf services, in the former
case with detailed commentary in a separate volume, and in the latter with annotations
throughout:
Local Government Planning and Environment Service (NSW), vols A, B, C and D, LexisNexis
(The teacher, Bill Henningham, is the author of various relevant chapters in vol. C.)
Planning and Development Service (NSW), vols 1, 2 and 3, Thomson Reuters
Local Government Law and Practice Service (NSW), vols 1, 2 and 3, Thomson Reuters
Local Government Regulations Service (NSW), Thomson Reuters
Land and Environment Court Law and Practice Service (NSW), Thomson Reuters
LEC Webcampus – Local Government and Planning
The Course Materials section of the LEC Webcampus has links to cases and legislation available on
the internet, as well as other useful local government and planning resources, including five papers by
Mr Henningham:
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Environmental Law for the New Millennium: A Question of Balance
Planning Law Implications for Conveyancing – Negotiating the Planning Control Minefield
Exemptions from Rating and other Rating Issues
More Pitfalls for the Unwary Conveyancing Practitioner
What has the Civil Liability Act 2002 done to the High Court decision of Pyrenees Shire Council v
Day?
5
COMPULSORY ASSIGNMENT
In Local Government and Planning Law, there is only ONE ASSIGNMENT. This assignment is
compulsory and must be submitted by all students. Students must submit the assignment by
the due date. A pass mark is 50%. Refer to the Guide to the Presentation and Submission of
Assignments for the assignment grading and assessment criteria. Students who fail to satisfy
the compulsory requirements will be notified through the Results screen on the Webcampus
before the examination period of their ineligibility to sit the examination in this subject. The
maximum word limit for the assignment is 2000 words (inclusive of all footnotes but not
bibliography).
The rules regarding the presentation of assignments and instructions on how to submit an assignment
are set out in the LEC Guide to the Presentation and Submission of Assignments which can be
accessed on the LEC Webcampus. Please read this guide carefully before completing and submitting
an assignment.
The completed assignment should be lodged through the LEC Webcampus, arriving by 11:59pm on
the following date:
Compulsory Assignment
Tuesday 19 January 2016
(Week 8)
ASSIGNMENT QUESTION
To obtain the Local Government and Planning assignment question for the Summer Session
2015-16, please follow the instructions below:
1.
Register online with the LEC (see page 27 of the Course Information Handbook for detailed
instructions). Once you have registered, you will have full access to all the facilities on the LEC
Webcampus.
2.
Then go into the Webcampus, select the Course Materials section and click on the link to the
assignment question for this subject.
WEEKEND SCHOOLS 1 AND 2
There are two weekend schools primarily for external students. Lecture students may attend but
should be aware that weekend school classes aim to cover the same material provided in weekly
lectures and are primarily for the assistance of external students.
Please note that it may not be possible to cover the entire course at the weekend schools. These
programs are a general guide and may be varied according to need. However, it is envisaged that the
following topics will be covered:
Weekend School 1 – Saturday 28 November 2015, noon – 4.00pm, and Sunday 29 November
2015, 8.00am – noon, in New Law School Seminar Room 020 (New LSSR 020)
Prescribed topics covered in Lectures 1 – 5
Weekend School 2 – Saturday 30 January 2016, noon – 4.00pm, and Sunday 31 January 2016,
8.00am – noon, in New Law School Seminar Room 020 (New LSSR 020)
Prescribed topics covered in Lectures 6_– 11
and Revision being a review and discussion of the whole subject of Local Government and Planning
The key reading for the topics can be found in the Lecture Program, the Case List and in the Course
Materials section of the LEC Webcampus.
6
LECTURE PROGRAM
PRESCRIBED TOPICS AND COURSE OUTLINE
Lecture 1:
12 Nov
Structure, powers and functions of councils
Key Reading
1.1 What are councils and what is their status?
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origins of Local Government in Australia
history of Local Government legislation
the legal status of Local Government and councils as bodies politic in the
Australian system of government – what really is a council?
constitutional recognition
have the purposes of the LG Act been achieved?
do councils have the capacity to fulfil their potential?
the councils' mandatory Charter - what is its effect?
NSW councils – Fit for the Future?
Forced amalgamations?
LG Act, chh 2-6 and 9
Pearson, chh 1-2
NSW Office of Local
Government website:
www.olg.nsw.gov.au
Fit for the Future – Response
by the NSW Government to
the Idependent Local
Government Review Panel
recommendations (LEC
webcampus)
Inquiry into Local Government
in New South Wales –
Submission by Local
Government NSW – July 2015
omitting attachments (LEC
webcampus)
Two handouts issued by Local
Government NSW – “Council
Amalgamation Myths” and
“Lessons from Elsewhere”
(LEC webcampus)
Desired Outcomes: Knowledge of the statutory basis of Local Government and
students’ own assessment of its “governmental” status. Does the LG Act
framework enable its objects to be effectively achieved? Are NSW councils fit
for the future; the spectre of forced amalgamations.
1.2 What are the powers and functions of councils?
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provision of goods, services and facilities; are there any limits to these
powers?
regulation of activities under the LG Act (approvals and orders), including brief
reference to the changes brought about by the EP&A Act
other functions - contracting power; compulsory acquisition of land, and
management of land
Director General’s Guidelines
Carrying out functions under other Acts
environmental obligations of councils
the extent to which the Crown is bound by the LG Act
public-private partnerships
Desired Outcomes: Knowledge of the range of service and regulatory functions of
councils and an understanding of the changes made in 1993. Did they
achieve the stated aims of the reform process?
LG Act, chh 1-5
Pearson, ch 7 However,
note that erection of
buildings, demolition
and subdivision are
regulated under the
EP&A Act, see
Farrier, p 152
Maureen Peatman, (2009)
Aust Local Govt Law
Journal 80
LG Act, s 22
LG Act, ss 4, 23A, 89(I)(c)
LG Act, ss 186-190
LG Act, ss 400B
7
Lecture 2: Establishment and constitution of councils and the respective roles of councillors and staff
19 Nov
2.1 How are councils established and what is their constitution?
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the process for establishment of a council
constitution of Local Government areas
alteration of areas
boundary changes and amalgamations of councils
is local government a real sphere of government in NSW?
LG Act, ch 9
Pearson, ch 2
Desired Outcomes: Understanding of the status of councils and the role of
Executive Government in relation to councils.
2.2 How are councillors elected and what is the legal relationship between
councillors and staff?
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qualifications of councillors for office and elections
irregularity of election
disqualification for civic office
major changes implemented by the LG Act following repeal of the Local
Government Act 1919
role and functions of the mayor
council staff - major changes in 1993; to whom are the staff accountable?
relationship and relative powers of the councillors, mayor and general
manager
has there been a power shift away from the mayor and councillors?
independence of the general manager and other staff
LG Act, chh 9 & 10
Pearson, ch 2
LG Act, ss 222, 223, 226,
232, 335, 337
LG (General) Reg, cl
413A
LG Act s 352
Desired Outcomes: Students’ own assessment of the effects of the enactment of
the LG Act 1993 upon the respective roles of elected members and staff. Is
the current balance of power between elected members and staff in the best
interests of local communities?
Lecture 3:
26 Nov
Conflict of interest, pecuniary interests, ouster of individual councillors and dismissal of all
councillors
3.1 Conflict between public duty and private interest; pecuniary and non pecuniary
interests
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obligation to act honestly
code of conduct
conflict between public duty and private interest
definition of pecuniary interest and its common law origin
obligation to disclose pecuniary interests and presence in meetings
obligation to disclose interests in written returns
defence for failure to disclose a pecuniary interest
management of pecuniary interest complaints
proceedings before the Occupational Division of the Civil and Administrative
Tribunal (NCAT) which commenced operating on 1 January 2014
non pecuniary interests and the model code of conduct
a strategy can constitute a proposal for the purposes of s 448
LG Act, ch 14
ICAC Discussion Paper,
Conflicts of Interest
and Local
Government, 1 July
1991
www.icac.nsw.gov.au
Pearson, chh 2 & 3
LG Act, s451
LG (General) Reg 2005, Pt
8 (cll 180–191) & Sch
3
Office of LG Pecuniary
Interest Guidelines
www.dig.nsw.gov.au
LG Act, ss 469-490 460 –
486A
8
Desired Outcomes: Understanding of the requirement to manage the conflict
between public duty and private interest in decision making and of the
requirements in relation to pecuniary and non pecuniary interests. Also, an
understanding of the obligations of councillors and staff to avoid conflicts of
interests and to comply with the model code of conduct
3.2 Suspension, ouster, dismissal of councillors from civic office and disorder
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dismissal and suspension from civic office for serious corrupt conduct
fees and other remuneration not to be paid during suspension
suspension of staff member in connection with serious corrupt conduct
misbehaviour of councillors
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ouster of an individual councillor
disqualification of a councillor
dismissal of all councillors of a council from civic office after public inquiry
dismissal of all councillors from civic office without the necessity of a public
inquiry
powers of the Governor
history of the legislative provisions
contrast with the appointment of a planning administrator
acts of disorder
See also Lecture 5 for the powers of the Minister to issue a performance
improvement order, suspend a council or to extend a suspension beyond 3
months
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LG Act, ss 440A-440E
LG Act, s 248A
LG Act, s 440D
LG Act, ss 440F-440Q,
470A, 470B and
482A
LG Act, ss 329-331, 274277
LG Act, ss 255-259
Pearson, chh 2 & 4
EP&A Act, s 118 (re
planning powers)
LG Act, ss 440A-440E
LG (General) Reg, cll 256 258
Desired Outcomes: Understanding of the obligations of councillors and staff to
avoid conflicts of interest, to disclose pecuniary interests and to comply with
the model code of conduct. Also an understanding that individual councillors
cannot be suspended except in the case of serious corrupt conduct or by
decision of the Pecuniary Interest Tribunal and that all councillors of a council
can be dismissed from civil office in certain circumstances but note the new
power for the Minister to suspend a council as an alternative to dismissal.
Lecture 4:
3 Dec
Decision making and application of administrative law principles to the exercise of council
discretionary powers
4.1 How are decisions made?
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meeting practice and procedure
open meetings
restrictions on ability to close part of meetings; requirement to state grounds
and reasons for closure
circumstances which do not invalidate council decisions
rescission of decisions
delegation of authority
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4.2 What are the constraints upon the exercise of council discretionary powers and
how are decisions reviewed?
Administrative law principles controlling the exercise of discretionary powers

A Substantive limitations:
*
*
*
*
decision must be within the power of the decision maker
statutory discretion must not be fettered
discretion must be exercised independently and not under dictation
a policy must not be acted upon inflexibly
LG (General) Reg 2005, Pt
10
LG Act, ch 12 Pt 2
Pearson, ch 3
LG Act, ss 9, 10, 10A -10D
& 11
LG Act, ss 372 & 374
LG Act, s 377
LG Reg cll 249, 251
9
* each case must be considered on its merits
* the decision maker is not bound by its own decisions
* powers must be exercised for a proper purpose and not in bad faith
* powers must be exercised without bias
* relevant considerations must be taken into account and irrelevant
considerations must be disregarded
* decisions must be reasonable
* the duty to initiate inquiries
* decisions must be certain and final
* the decision maker must not misdirect itself in law as to the scope or content
of its powers
* the decision maker must observe natural justice (the rules of procedural
fairness) - the right to a fair hearing, the bias rule and the no evidence rule
* a legitimate expectation to be notified
* if decision maker is a delegate and makes a regulatory decision that power is
spent and the council cannot exercise the power to make a determination in
relation to the same matter
B. Procedural limitations:
* mandatory and directory - How is the distinction determined and what rules
apply in each case?
C. Remedies for breach of the principles
Desired Outcomes: Understanding of how councils make decisions, meeting
practice and procedure; the administrative law principles, including natural
justice and the rules of procedural fairness which regulate the exercise of
council powers.
Lecture 5:
10 Dec
Accountability, sources of finance, rate exemptions and financial management
5.1 Accountability of Local Government
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strategic planning
financial management
access to information
communication with communities and options for community partipation in
council decision making
disclosure and misuse of information
annual report
powers of Minister for Local Government and Director-General to require
councils to supply information
powers of Minister to issue a performance improvement order, suspend a
council for up to 3 months, or to extend a suspension beyond 3 months
powers of Director-General to authorise investigations
powers of the Director-General to surcharge councillors and staff
role of the Ombudsman
powers of Minister for Local Government in relation to Ombudsman’s reports
powers of the Independent Commission Against Corruption
LG Act, Ch 13 Pt 2
LG Act, ch 13 pt 3, ch 7 pt
3 (ss 158-167)
GIPA Act
LG Act, s 664
LG Act, s 434A
LG Act, ss 10A-11
LG Act, s 429
LG Act, s 430-434
LG Act, s 435-438
LG Act, s 434A
LG Act, ss 438A-438G
LG Act, 255( 1A)
Farrier, pp 83-87
LEC Supp. Materials
LG Act, ss 431-438
LG Act, ss 673-674;
EP&A Act, ss 123-124
5.2 Sources of finance
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rates
charges
fees
grants
LG Act, ch 15 pts 1-5 and
7-13
Pearson, pp 132-140 and
10
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investments
loans
limit of annual income from rates and charges (“rate pegging”)
157-160
LG Act, ss 505 – 513
5.3 Rate exemptions
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from all rates
from all rates except water supply special rates and sewerage special rates
LG Act, ch 15, pt 6
Pearson, pp 140-151
Henningham, Exemptions
from Rating and other
Rating Issues (LEC
webcampus website)
5.4 Challenge to rates
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time limit for appeal to Land and Environment Court
grounds for appeal
LG Act, ss 526, 574, 555557
Desired Outcomes: Understanding of all aspects of accountability, sources of
finance and rating, rate exemptions and appeals.
Lecture 6:
17 Dec
History of town planning and environmental plan making
6.1 History of Town Planning in NSW
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restrictive covenants
common law control - nuisance
legislation before 1945
the Local Government (Town and Country Planning) Amendment Act
1945
the Cumberland County Council and the County of Cumberland
Planning Scheme
the Environmental Planning and Assessment Act 1979 (EP&A Act) and
its objects.
the major amendments of the EP&A Act which took effect on 1 July
1998 and 25 June 2008
relationship of State and Local Governments in the planning field
have the objects of the EP&A Act been achieved?
Paul Stein “21st century
challenges
for
urban
planning” (LEC website)
Lawyers
warn
against
NSW planning reforms
(LEC Webcampus)
Henningham,
A Question of Balance
(LEC Webcampus)
6.2 Environmental Planning Instruments
SMH Article dated
7/11/2015 - “Can Rob
Stokes win the Battle for
the Big Backyard? (LEC
Webcampus)
*
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advent of multiple layers of bureaucracy in planning control
history of conceptual changes in relation to environmental planning
instruments (EPIs)
content of EPIs
local environmental plans (LEPS)
Standard Instrument (Local Environmental Plans) Order 2006
State environmental planning policies (SEPPS)
interrelationship of EPIs
Farrier, ch 3
EP&A Act, pt 3
Farrier & Stein
pp 702 - 703
11
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challenges to validity of EPIs
enforcement of EPIs
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characterisation of uses/purposes:
dominant/ancillary
independent uses/purposes
significance of characterisation of uses/purposes in environmental
planning law
what is a “development standard”?
what is the significance of SEPP No 1 in relation to development
standards?
suspension of restrictive covenants and easements to enable
development to be carried out -



EP&A Act, s 4
Farrier, p.157
Pearson, pp 71 and 187194
Pearson, pp 177-179
EP&A Act: s 4
EP&A Act, s 28
“Planning
Law Implications for
Conveyancing –
Negotiating the Planning
Control
Minefield”
(LEC Website)
LG Act s 435
Desired Outcomes: Understanding of how land use control has evolved
and how it now works.
Break: Friday 18 December 2015 – Sunday 10 January 2016
Lecture 7:
14 Jan
Development Control Plans and existing use rights (subject to
provisions in the draft planning legislation which have not at
the time of preparation of this Subject Guide been passed by
the Parliament)
7.1 Development Control Plans (DCPs)



what is a DCP?
what functions does a DCP perform?
what restrictions are there?
EP&A Act, ss 74B, 74C,
74D and 74E
7.2 Existing use rights










what is an existing use?
characterisation of the purpose of an existing use
who bears the burden of proof of an existing use?
when is an existing use abandoned?
distinction between existing uses and other lawful uses and existing consents
and the consequences
alteration, extension, rebuilding, enlargement expansion, increase in area or
intensification of a building, work or use of land
limitations on certain changes
changes to existing uses included in some LEPs as “exempt development”
modification or surrender of existing use as a condition of development
consent
onus of proof
Desired Outcomes: Understanding of basis of existing use rights, their
justification, how they arise, how they operate and how they can be changed.
Understanding of onus of proof.
Henningham, “Planning
Law Implications for
Conveyancing –
Negotiating the Planning
Control Minefield”
EP&A Act, pt 4, Div 10
Farrier, p.163
EP&A Regulation, Pt 5
EP&A Act, s 80(1)(b)
EP&A Act, s 80A(1)(b
12
Lecture 8:
21 Jan
Development applications, their consideration and development consents (subject to provisions
in the draft planning legislation which have not at the time of preparation of this Subject
Guide been passed by the Parliament)
8.1 Development applications and development consents
*

























What is development? - examples
development which does not require development consent (including exempt
development) EP&A Act s 76
development that requires development consent including complying
development EP&A Act s 76A
prohibited development EP&A Act 76B
designated development EP&A Act s 77A, 78A(8), 79; EP&A Reg cl 4, Sch 3
advertised development EP&A Act s 4(1); EP&A Reg cl 5
integrated development EP&A Act ss 90 – 93B
State significant development EP&A Act ss 89C – 89L (following repeal of Part 3A)
State significant infrastructure EP&A Act ss 115T – 115U
Critical State significant infrastructure s 115V
exempt development EP&A Act s 76(2)
complying development and complying development certificates 84A - 86
accredited certifiers EP&A Act s 4
certificates in relation to development EP&A Act Part 4A :
*
compliance certificates
*
construction certificates
*
occupation certificates
*
subdivision certificates
notification of neighbours
requirements for development applications EP&A Act s 78A - 81
staged development applications EP&A Act ss 83A – 83D
consideration and evaluation of development applications EP&A Act ss 79C
integration of principles of ecologically sustainable development and climate
change into the development assessment process – contrast s 79C of EP&A
Act with s 89(1)(c) of the LG Act
repeal of Pt 3A
determination and conditions/deemed refusal EP&A Act ss 80 - 82
planning agreements EP&A Act ss 93F – 93L
Planning Assessment Commission EP&A Act ss 23B -23F
joint regional planning panels EP&A Act ss 23G – 23F
independent hearing and assessment panels EP&A Act ss 23I – 23J
obligations of councils to assist new bodies (subject to penalty) EP&A Act s
23N
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
section 94 contributions and special infrastructure contributions
validity of consents and conditions of consent (Newbury test)
severability of invalid conditions
deferred commencement consents EP&A Act s 80(3); ; EP&A Reg cl 95
total or partial consents
commencement of consent
lapsing of consent EP& A Act s 95(4), (5)
lapsing of deferred commencement consent EP&A Act s95(6)
effect of issuing construction certificate
compliance of construction certificate with development consent and BCA
post-consent notification and its effect
modification of development consents EP&A Act s 96
revocation of development consents and compensation for abortive
expenditure
lapsing of development consents EP&A Act ss 95 – 95A
perils when a consent is granted or refused against staff advice; possible
surcharge of responsible individuals if negligence by or misconduct of
individuals causes deficiency or loss is incurred by council; change of
negligence from normal duty of care to culpable negligence. LG Act s 435
Desired Outcomes: Student's own assessment of whether the amendments have
achieved their stated aims: is public participation adequate? Is privatisation of
planning decisions appropriate? Has the NSW State Government carried out its
13
election promise to give planning powers back to the people (Contract with NSW
March 2011)?
Lecture 9:
28 Jan
Internal review of planning determinations, building certificates, planning appeals, judicial
review and tree disputes between neighbours (subject to provisions in the draft planning
legislation which have not at the time of preparation of this Subject Guide been passed
by the Parliament)
9.1 Internal review of determinations

Review under Environmental Planning and Assessment Act 1979 and
comparison with review of determinations under Section 100 of the LG Act
EP&A Act, s 82A
9.2 Building Certificates







what is a building certificate?
history of the building certificate provisions
obligations to issue a building certificate
what protections are provided by a building certificate?
who is protected and who is not?
appeals in relation to building certificates
“regularisation” of breaches of planning law
EP&A Act, ss 149A-149G
9.3 Planning Appeals




merit appeals by applicant - rehearing of the application
merit appeals by objectors to designated development
time for appeals to be lodged and time for appeal when not specified
other appeals
EP&A Act, ss 97 & 98
L & E Court Rules 2007,
PT 7 cl 7.1
9.4 Judicial Review


process of judicial review
State Government reversal of decisions by consent authorities and
legislative prevention of challenges
differences between a judicial review challenge and a merit appeal

LG Act, ss 672-675
EP&A Act, ss 101, 122 &
123
Farrier, p.42
9.5 Action where consent tainted by corruption

suspension and revocation of decision to grant or modify a consent that is
tainted by corrupt conduct
9.6 Tree disputes between neighbours
•
•
*
EP&A Act s 124A
Trees (Disputes Between
Neighbours) Act 2006
purposes of the legislation
to what trees does the legislation relate?
operation of the legislation
Desired Outcomes: Understanding of operation of internal review of decisions,
building certificates, merit appeals and judicial review and tainting of
consents by corruption.
Lecture 10:
4 Feb
Assessment of Part 5 activities, Land and Environment Court and
enforcement powers of councils (subject to provisions in the
draft planning legislation which have not at the time of
preparation of this Subject Guide been passed by the
Parliament)
10.1 Environmental assessment of "activities" which do not require development consent


activity carried out by public authority
approval by a public authority (as a "determining authority") of an activity
proposed by a person who wishes to carry it out
EP&A Act, pt 5
Farrier, p.254
14

the need for an environmental impact assessment
10.2 Land and Environment Court



jurisdiction of the Court
classes of jurisdiction
remedies
http://www.lawlink.nsw.gov
au/lec.nsf/pages/inde
x
10.3 Enforcement powers - council orders, environmental planning instruments,
consents (including conditions), complying development certificates
(including conditions)



orders
civil proceedings
offences
EP&A Act, ss 121B-121ZP
& LG Act, ss 124-157
LG Act, ss 626-628, 673674
EP&A Act, ss 122-127A
Farrier, p.242
Protection of the
Environment
Operations Act, chh
8-9
Desired Outcomes: Understanding the purpose that Part 5 of the EPA Act
performs, understanding the role and operation of the Land and Environment
Court and the means of enforcement of Local Government and Planning
Laws.
Lecture 11:
11 Feb
Actionable liability of councils and options for resolution of
planning disputes and other disputes apart from determination
by a court
11.1 Actionable liability of councils

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negligence
provision of information
nuisance
the interaction between the High Court decision in Pyrenees SC v Day and
the Civil Liability Act 2002, particularly ss 43 and 43A of that Act
defences, immunities and statutory exculpation
liability under statute
Occupational Health and Safety
Australian Consumer Law
Insurance
restrictions on personal injury and death claims under the Civil Liability Act
2002
exculpation from liability
Henningham, “What has
the Civil Liability Act
2002 done to the
High Court decision
of Pyrenees SC v
Day?” (LEC
Website)
LG Act, ss 731 - 733
11.2 Alternative Dispute Resolution






what are the options for resolution of planning and other disputes apart from
determination by a court?
request for internal review by the Council of determination
negotiation
facilitation
mediation
discussion of each of the above options and when to use them


time and cost
outcomes
Desired Outcomes: Understanding the extent of the actionable liability of councils
Andrew Floyer Acland, A
Sudden Outbreak of
Common Sense,
Hutchinson Business
Books
15
and the limitations imposed by the Civil Liability Act 2002 and understanding
the various options for resolution of planning and other disputes, apart from
court determination and when to use them.
Lecture 12:
18 Feb
Revision, which will take the form of a review and discussion of the whole subject.
16
LOCAL GOVERNMENT AND PLANNING CASE LIST
Agostino v Penrith CC (2010) 72 LGERA 380 (development standards)
Aquatic Airways v Warringah SC (1990) 71 LGRA 10 (existing use)
Armidale CC v Alec Finlayson Pty Ltd (1999) 104 LGERA 9 (actionable liability)
Armstrong v Ashfield MC (2001) 119 LGERA 384 (existing use)
Ashfield MC v Joyce [1976] 1 NSWLR 455 (exemption from rates)
Associated Provincial Picture Houses v Wednesbury Corporation [1948] 1 KB 223 (admin. law pples)
Attorney-General: ex rel Anka (Contractors) v Legg (1979) 39 LGRA 399 (pecuniary interest)
Auburn C v Nehme (1999) 106 LGERA 19 (existing use)
Australian Red Cross Society v Albury CC [1973] 2 NSWLR 309 (exemption from rates)
Avenhouse v Hornsby SC (1999) 104 LGERA 355 (actionable liability)
Bailey v Forestry Commission (1989) 67 LGRA 200 (Part 5 assessment)
Ballina SC v Ringland (1994) 83 LGERA 115 (defamation claims not available to councils)
Balmain Association v Planning Administrator for Leichhardt MC (1991) 25 NSWLR 615 (admin law
pples)
Barnes v Dungog SC [1999] NSWLEC 146 (validity of orders)
Benalup Holdings v Lismore CC (1993) 81LGERA 257 (modn. of consents)
Bertram v Warringah Shire Council (1990) 72 LGRA 39 (characterisation)
BGP Properties v Lake Macquarie CC (2004) 138 LGERA 237 (ESD principles)
BHP v Blacktown CC (1989) 130 LGERA 1 (judicial review)
Blacktown City Council v Grah (1990) 69 LGRA 303 (exemption from rates)
Blue Mountains CC v Laurence Browning (2006) 150 LGERA 130 (development standards)
Botany Bay CC v Remath Investments (2000) 111 LGERA 446 (requirements for DAs)
Boulton v Burwood MC (1988) 66 LGERA 131 (admin. law pples)
Bourne v Murphy (1996) 92 LGERA 329 (irregularity in manner of election)
Boy Scouts Association v Sydney CC (1959) 4 LGRA 260 (exemption from rates)
Brodie and Anor v Singleton SC and Ghantous v Hawkesbury CC (2001) 114 LGERA 235 (actionable
liability)
Brown v Randwick CC [2011] NSWLEC 172 (admin law pples)
Burnie Port Authority v General Jones (1994) 179 CLR 520 235 (actionable liability)
Burns Philip Trustee Co v Wollongong City Council (1983) 49 LGRA 420 (conflict of interest issue in
planning)
Byron Shire Businesses for the Future v Byron SC and Holiday Villages (1994) 84 LGERA 434
(judicial review)
C B Investments v Colo SC (1980) 41 LGRA 210 (characterisation)
Calkovics v Minister for Local Government and Planning (1989) 72 LGRA 269 (validity of EPIs)
Caltex Aust. Petroleum v Manly (2007) 155 LGERA 255
Cameron v Lake Macquarie CC (2000) 107 LGERA 308 (status of tree preservations order)
Campbelltown CC v Toth (2004) 135 LGERA 336 (L & E Court – practice and procedure)
Carstens v Pittwater Council (1999) 111 LGERA 1 (ESD principles)
Challister v Blacktown CC (1992) )76 LGRA 10
City of Sydney V Streetscape Projects (Australia) Pty Ltd [2011] NSWSC 1214
Centro Properties v Hurstville CC (2004) 135 LGERA 257 (validity of consent)
Chamwell P/L v Strathfield Council (2007) 151 LGERA 400 (characterization)
City of Noarlunga v Fraser (1986) 61 LGRA 324 (characterisation)
Coffs Harbour Environment Centre v Coffs Harbour City Council (1991) 74 LGRA 185 (development
within public reserve)
Cooper & Wilton v Maitland CC (1992) 130 LGERA 217 (validity of consent – notification of
neighbours)
Cousins v Wingecarribee SC (1998) 100 LGERA 17 (validity of consent)
Cramer v Leichhardt MC (1992) 130 LGERA 182 (building certificates)
CSR v Fairfield CC (2001) 117 LGERA 77 (deferred commencement consent)
Cumerlong Holdings Pty Ltd v Dalcross Properties Pty Ltd & Ors [2010] NSWCA 214 (2 September
2010)
Cumerlong Holdings Pty Ltd v Dalcross Properties Pty Ltd [2011] HCA 27 (3 August 2011)
Curran v Taree City Council (1989) 75 LGRA 187 (actionable liability)
Currey v Sutherland SC (1998) 100 LGERA 365 (precondition for consent)
Dareton Local Aboriginal Land Council v Wentworth Council (1995) 89 LGERA 120 (exemption from
rates)
17
Day v Pinglen (1981) 148 CLR 289 (lapsing of consent)
Delta Properties v Brisbane CC (1955) 95 CLR 11 (council decision making)
Dixson v Wingecarribee SC (1999) 103 LGERA 103 (development standard)
Downward v Babington [1975] VR 872 (pecuniary interest)
Doyle v Newcastle CC (1990) 71 LGRA 55 (characterisation)
Drummoyne MC v Roads and Traffic Authority (1989) 67 LGRA 155 (Part 5 assessment)
Dunlop v Woollahra MC [1982] AC 158 (actionable liability)
Duffy v Da Rin [2014] NSWCA 270 (irregularity of election)
E S Turnbull v Wollongong CCl (1990) 71 LGRA 240 (characterisation)
Earle Cameron Construction Group v Parramatta CC (1981) 46 LGRA 130 (existing use)
Everall v Ku-ring-gai MC (1991) 72 LGRA 369 (council decision making)
Fairfield City Council v Holroyd City Council (1999) 103 LGERA 205 (validity of consent condition)
Fatsel P/L v ACR Trading P/L (1987) 64 LGRA 177 (burden of proof in civil enforcement proceedings)
Fazzolari v Parramatta CC [2009] HCA 12 (2 April 2009) (acquisition of land)
Fitch v Shoalhaven CC (1987) 67 LGRA 165 (validity of s 94 condition of consent)
Foodbarn v Solicitor-General (1975) 32 LGRA 157 (characterisation)
Galandon v Narrabri SC (1983) 51 LGRA 5 (validity of consent condition)
Garrett v Freeman (2006) 147 LGERA 96 (statutory protection of council employees)
Gee v Sydney CC (2004) 137 LGERA 157 (validity of consent)
GIO of NSW v Penrith City Council (1999) 102 LGERA 102 (actionable liability)
GJ Knight Holdings v Warringah SC [1975] 2 NSWLR 796 (actionable liability)
Gosford CC v Popran Creek (1995) 89 LGERA 208 (characterisation of development)
Goulburn CC v Haines (1992) 78 LGERA 281 (exemption from rates)
GPT Re v Wollongong CC (2006) 151 LGERA 116 (validity of consent; development standards)
Grace & Anor v Thomas Street Café & Ors (2007) 159 LGERA 57 (existing uses)
Grace & Anor v Thomas Street Café & Ors (No 2) [2008] NSWCA 72 (existing uses)
Graham Barclay Oysters Pty Ltd v Ryan; Ryan v Great Lakes Council; State of NSW v Ryan (2002)
125 LGERA 1 (actionable liability)
Gray v Minister for Planning (2006) 152 LGERA 258 (ESD principles)
Gumbangerrii Aboriginal Corporation v Nambucca Council (1996) 130 LGERA 160 (exemption from
rates)
Guthega Development v Minister Administering the National Parks and Wildlife Act 1974 (1986) 61
LGRA 401 (Part 5 assessment)
Halpin v Sydney CC (2000) 110 LGERA 464 (consent of owners corporation required)
Hardi v Woollahra MC L&E Ct 1987 Cripps J unreported (legitimate expectation to be notified)
Hastings MC v Mineral Deposits (1981) 43 LGRA 198 (lapsing of consent)
Hawkesbury SC v Hills (1988) 12 NSWLR 461 (recovery of council rates)
Helman v Byron SC (1995) 87 LGERA 349 (administrative law principles)
Hilpalm v Heavens Door (2004) 137 LGERA 57 (status of consents)
Herring Daw & Blake v Gosford CC (1995) 87 LGERA 220 (Part 5 assessment)
Hope v Bathurst City Council (1980) 144 CLR 1 (council rates – farmland)
Hornsby SC v Porter (1990) 70 LGRA 175 (public participation)
Hortis v Manly C (1999) 104 LGERA 43 (consent preconditions)
Hoxton Park Group v Liverpool City Council (2010) 178 LGERA 275 (councils’ legal existence and
power to consider a DA)
House of Peace Pty Ltd v Bankstown City Council (2000) 106 LGERA 440 (existing
use/characterisation)
Hub Action Group Inc v Minister Planning (2008) 161 LGERA 136 (ESD principles)
I D A Safe Constructions v Woollahra MC (1981) 48 LGRA 62 (validity of SEPP1)
Imhoff v Port Stephens Council (2005) 139 LGERA 95 (appeals against rates and categorization of
land)
I W v City of Perth (1997) 94 LGERA 224 (personal liability of councillors and staff)
Ireland v Cessnock CC (1999) 103 LGERA 285 (building certificates)
Jarasius v Forestry Commission (1988) 71 LGRA 79 (Part 5 assessment)
Lennard v Jessica Estates [2008] NSWCA 121 (30 May 2008)
KCR v Orange CC (1968) 16 LGRA 153 (validity of special rate)
Kiama MC v French (1984) 54 LGRA 42 (characterisation)
Kindimindi Investments Pty Ltd v Lane Cove Council (2006) 143 LGERA 277 (validity of consent)
King v Great Lakes SC (1986) 58 LGRA 366 (validity of conditions of consent)
Ku-ring-gai MC v Geoffrey Twybill & Assocs (1979) 39 LGRA 154 (characterisation)
Kyogle SC v Francis (1988) 66 LGRA 167 (negligent misrepresentation by a council)
Kyogle SC v Muli Muli [2005] NSWCA 4, 141 LGERA 343 (time at which service of rate notice
effected)
18
Kyriacou v Kogarah MC (1995) 88 LGERA 110 (negligent misrepresentation by a council)
Lane Cove MC v Lujeta (1986) 58 LGRA 157 (existing use)
Legal and General Life of Australia v North Sydney MC (1990) 69 LGRA 201 (development
standards)
Leichhardt MC v Minister for Planning (1992) 78 LGERA 306 (SEPPs)
Leichhardt MC v Minister for Planning (No.2) (1995) 87 LGERA 78 (validity of EPI)
Lennard v Jessica Estates (2008) 159 LGERA 420 (suspension of covenants)
Lend Lease Management v Sydney City Council (1988) 68 LGRA 61 (validity of conditions of
consent)
Lend Lease GPT (Rouse Hill) P/L v The Hills SC [2010] NSWLEC 130 (exemption from rates)
Lesnewski v Mosman MC (2005) 138 LGERA 2071 (inconsistency between consenting plans and
consent)
Levadetes v Hawkesbury SC (1988) 67 LGRA 190 (period within which s 94 contributions should be
spent)
Levenstrath Community Assn v Nymboida SC (1999) 105 LGERA 362 (calculation of council meeting
quorum)
Mac’s Ltd v Minister Administrating LG Act 1993 [2009] HCA 12 (2 April 2009) (acquisition of land)
McGovern v Ku-ring-gai Council (2007) 153 LGERA 308 (form and content of DA, procedural
fairness)
Maclean SC v Nungera Co-Operative Society (1995) 86 LGERA 430 (exemption from rates)
Malcolm v Newcastle CC (1991) 73 LGRA 356 (characterisation)
Maule v Liporoni (2002) 122 LGERA 140 (statutory preclusion of challenges to consents)
Mid Density Developments v Rockdale MC (1993) 81 LGERA 104 (effect of s 149(5) certificate
disclaimer)
Mineral Wealth v Gosford CC (2003) 127 LGERA 74 (building certificates)
Minister for Planning v Walker (2008) 161 LGERA 423 (ESD principles) (on appeal to the High Court)
Mirvac v Sydney CC (2003) 131 LGERA 363 (validity of condition of consent)
Mison v Randwick MC (1991) 73 LGRA 349 (validity of condition of consent)
Murlan Consulting v Ku-ring-gai Municipal Council (2009) 170 LGERA 162 (reasonable apprehension
of bias by a Commissioner of the Land and Environment Court)
Murray Darling Community Care Inc v Wentworth Council (2000) 111 LGERA 345 (exemption from
rates)
MM & SW Enterprises v Strathfield Council (2010) 172 LGERA 125
Nagle v Rottnest Island Authority (1993) 67 ALJR 426 (actionable liability)
National Parks and Wildlife Service v Stables Perisher (1990) 71 LGRA 286 (jurisdiction of L&E Ct)
National Trust of Aust. (NSW) v Minister Administering the EP&A Act (1981) 53 LGRA 37
Newbury DC v Secretary of State for the Environment [1981] AC 578 (common law test for validity of
consent conditions)
Newcastle CC v Royal Newcastle Hospital [1959]; AC 248 (1959) 4 LGR 154 (exemption from rates)
North Sydney MC v Boyts Radio and Electrical (1989) 67 LGRA 344 (existing use)
North Sydney MC v P D Mayoh (No 2) (1990) 71 LGRA 222 (development standards)
North Sydney MC v Sydney Serviced Apartments (1990) 71 LGRA 432 (characterisation)
Panagopoulos v Willoughby CC (1992) 78 LGERA 270s (council decision making)
Pancho Properties v Wingecarribee SC (1999) 110 LGERA 352 (development standards)
Parramatta CC v Hale (1982) 47 LGRA 319 (proper consideration of relevant matters)
Parramatta CC v Pestell (1972) 128 CLR 305 (council special rates)
Parramatta cc v R&R Fazzolari (2008) 162 LGERA 1 per Tobias JA (effect of s 24 LG Act 1993)
Parramatta CC v Peterson (1987) 61 LGRA 286 (section 94 contributions)
Penrith CC v Waste Management Authority (1990) 71 LGRA 376 (characterisation)
Perre v Apand (1999) 198 CLR 180 (actionable liability)
Perry v Clissold (1907) AC 73
Porter v Hornsby SC (1989) 69 LGRA 101 (public participation)
Power v Pentill House (1993) 80 LGERA 247 (the statutory offences are offences of strict liability)
Progress and Securities v North Sydney MC (1988) 66 LGRA 236 (options for dissatisfied applicants)
Public Trustee v Sutherland SC (1992) 75 LGRA 278 (actionable liability)
Pyrenees SC v Day; Eskimo Amber Pty Ltd v Pyrenees SC (1998) 96 LGERA 330 (actionable liability)
Quality Parks v Maclean Shire Council (2002) 120 LGERA 272 (exemption from rates)
R v Barnett: ex parte Warringah SC (1967) 14 LGRA 118 (dismissal of councils – original position)
Randwick MC v Pacific Seven (1989) 69 LGRA 13 (severability of invalid conditions of consent)
Randwick MC v Rutledge (1959) 102 CLR 54 (status of public reserve land)
Romeo v Conservation Commission (NT) (1998) 96 LGERA 410 (actionable liability)
Ryde CC v Echt (2000) 107 LGERA 317 (council orders)
Ryde MC v Macquarie University (1978) 55 LGRA 373 (exemption from rates)
19
San Sebastian v Minister administering the Environmental Planning and Assessment Act (1986) 162
CLR 340 (actionable liability)
Sansom v Hudson (1997) 94 LGERA 292 (irregularity of manner of election)
Scurr v Brisbane CC (1973) 133 CLR 242 (administrative law principles)
Seaton v Mosman MC (No.1) (1996) 93 LGERA 1 (management of public land)
Secure Parking Management v Sydney CC (1998) 99 LGERA 110 (exemption from rates)
Shaddock v Parramatta City Council (1981) 36 ALR 385 (negligent misrepresentation)
Shellharbour MC v Rovilo (1989) 16 NSWLR 104 (owner’s consent to DA)
Shire of Perth v O'Keefe (1964) 110 CLR 529 (existing use)
Smith v Wyong SC (2003) 132 LGERA 148 (validity of EPI)
Smith v Wyong SC (No 3)) (1984) 53 LGRA 170 (lapsing of consent)
Somerville v Dalby (1990) 69 LGRA 422 (public participation)
South Australia v Slipper (2004) 137 LGERA 374 (procedure fairness)
South Sydney CC v Paul Dainty Corp (1992) 75 LGRA 202 (characterisation)
Statewide Roads v Holroyd City Council (1996) 90 LGERA 160 (exemption from rates)
Steelbond (Sydney) v Marrickville MC (1994) 82 LGERA 192 (retrospectivity)
Stockland Development v Manly Council (2004) 136 LGERA 254 (consideration of DCPs and relevant
policies)
Strathfield MC v Poynting (2001) 116 LGERA 319 (development standards)
Stutchbury v Pittwater Council (1999) 105 LGERA 1 (council orders)
Styles v Wollondilly SC (2002) 120 LGERA 172 (council meeting procedures)
Sullivan v Okeno [2013) NSWADT 12 21 January 2013 (disqualification of a councillor)
Sutherland SC v Heyman (1985) 157 CLR 424 (actionable liability)
Sutton v Warringah SC (1987) 16 NSWLR 498 (delegation of functions)
Swadling v Sutherland SC (1994) 82 LGERA 431 (status of consent conditions)
Sydney CC v Claude Neon (1989) 15 NSWLR 724 (owner’s consent to DA)
Sydney CC v Griffiths (1985) 55 LGRA 221 (dismissal of a councillor)
Sydney CC v Reid (1994) 84 LGERA 381 (status of local government)
Sydney CC v University of Technology, Sydney (1992) 78 LGRA 200 (exemption from rates)
Sydney MC v Campbell [1925] AC 338 (exercise of council functions)
Sydney Turkish Islamic Centre and Mosque Association v Sydney City Council (1989) 68 LGRA 143
(exemption from rates)
Telstra Corp v Hornsby Council (2006) 146 LGERA 10 (ESD principles)
The Dubler Group v Ku-ring-gai Council (2004) 133 LGERA 438 (applicable law at determination of
appeal)
Thompson v Randwick MC (1950) 81 CLR 87 (exercise of council’s functions)
Thornpast v Parramatta CC (2004) 137 LGERA 205 (development standards)
Toomelah Co-Operative v Moree Plains Shire Council (1996) 90 LGERA 48 (exemption from rates)
Trustees for Gospel Trust No. 1 v Brisbane CC (2005) 143 LGERA 99
Twist v Randwick MC (1976) 136 CLR 106 (admin. law principles)
Valantine v Muswellbrook SC & Ors [2008] NSWSC 1300 (L G Code of Conduct issues)
Van Haasteren v South Sydney Council (2000) 109 LGERA 252 (council orders)
Vanmeld v Fairfield CC (1992) 75 LGRA 374 (public participation)
Vaughan-Taylor v David Mitchell-Melcann and Minister for Minerals and Energy (1991) 73 LGRA 366
(existing use)
Wallarah Minerals v Mulwaree SC (2000) 111 LGERA 132 (development standards)
Warringah SC v Caltex Oil (Australia) (1989) 68 LGRA 206 (existing use)
Warringah SC v Pittwater PC (1992) 76 LGRA 231 (exercise of council functions)
Warringah SC v Raffles (1978) 38 LGRA 306 (characterisation)
Warringah SC v Sedevcic (1987) 10 NSWLR 335 (exercise of discretion by Court)
Warringah Council v Swain (characterization)
Waverley MC v P E Bakers (1985) 54 LGRA 309 (validity of consent conditions)
Weal v Bathurst CC (2000) 111 LGERA 181 (proper consideration of relevant matters)
Wentworth Park Sporting Complex Trust v Leichhardt Council (2003) 125 LGERA 440 (exemption
from rates)
White v Ryde MC [1977] 2 NSWLR 909 (admin law principles)
Willoughby CC v Dasco Design and Construction Pty Ltd (2000) 111 LGERA 422 (modification of
consents)
Windy Dropdown v Warringah Council (2000) LGERA 299 (modification of consents)
Wingecarribee SC v Pancho Properties (2001) 117 LGERA 104 (development standards)
Wollongong CC v Fregnan (1980-82) 46 LGRA 391 (actionable liability)
Woollahra MC v Banool Developments (1973) 129 CLR 138 (existing use)
Woolworths v Pallas Newco (2004) 136 LGERA 288 (characterisation of a use – is it a jurisdictional
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fact to be determined by the Court?)
Wotton v Wingecarribee SC (1989) 68 LGRA 38 (characterisation)
Wykanak v Rockdale CC (2001) 113 LGERA 335 (council decision making – validity of decisions)
Wyong SC v Shirt (1980) 146 CLR 40 (actionable liability)
YMCA v Sydney City Council (1954) 20 LGR 35 (exemption from rates)