News
Characterisation of existing uses where no consent
In the case of Jojeni Investments Pty Ltd v Mosman Municipal Council [2015] NSWCA 147 (Jojeni) the CoA was asked to determine whether a building had existing use where there was no record of any consents. First the CoA confirmed…
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Car park not a road
In Cavric v Willoughby City Council [2015] NSWCA 182, theCourt of Appeal (CoA) overturned the Supreme Court’s findings that a car park, owned by the Council, was a public road. Council’s argument was that the car park was a public…
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UCPR Part 59 and challenging a CDC
Section 101 of the Environment Planning and Assessment Act 1979 (EPAA) ordinarily precludes anyone from challenging the validity of a CDC, if it has been publicly notified. However, Part 59 of the Uniform Civil Procedure Rules 2005 (UCPR) may be…
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Complying development in PCA’s opinion
In the case of Trives v Hornsby Shire Council [2015] NSWCA 158, the Court of Appeal held that the Land and Environment Court has no power to make its own assessment as to what a PCA has determined to be…
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Burwood Council v Ralan in the High Court
Our readers may be aware of the Court of Appeal’s (CoA) decision in Burwood Council v Ralan Burwood Pty Ltd and Ors [2014] NSWCA 404, where the CoA essentially found that there is no recourse as against a developer if…
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