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Diploma in Law

LEGAL PROFESSION

ADMISSION BOARDLAW EXTENSION COMMITTEE

LAW EXTENSION COMMITTEE SUBJECT GUIDE

20 LOCAL GOVERNMENT AND PLANNING

WINTER SESSION 2014

This Guide includes the Law Extension Committees course information and teaching program and the Legal Profession Admission Boards 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 Legal Profession Admission Rules 2005.

Course Description and Objectives1-2

Lecturer 2

Assessment2-3

September 2014 Examination3

Lectures 3-4

Texts and Materials4

Compulsory Assignment5

Assignment Question5

Weekend Schools 1 and 25

Lecture Program

Prescribed Topics and Course Outline6-15

Local Government and Planning Case List16-20

LAW EXTENSION COMMITTEEWINTER 2014

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.

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 The current NSW Government, shortly after its election, repealed Part 3A operative from August 2011.On 22 October 2013, the NSW Government introduced into the Parliament the Planning Bill 2013 and the cognate Planning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 NSWwhich was exhibited in July 2012. It was followed by the White Paper A New Planning System for NSW and draft planning legislation which werereleased 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.

What happens next? While the Bills have been introduced into NSW Parliament, they will still need to be debated and passed by both Houses, so they may be amended further in that process. The new system will only take effect once Parliament has passed the legislation and a start date is proclaimed. The Government has flagged that it hopes that new system will begin early in 2014, but according to the Planning Minister's second reading speech, some parts, such as protections in existing State Environmental Planning Policies (SEPPs), as well as current Local Environment Plans (LEPs) and Development Control Plans (DCPs), will likely carry over from the current system until new plans and policies are madeThe Bills referred to by EDO NSW would, if passed, replace the currentEnvironmental 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. On 22 April 2014 the Hon Prue Goward MP became Minister for Planning in a Ministerial reshuffle and the Hon Rob Stokes MP became Minister for the Environment, Minister for Heritage and Assistant Minister for Planning. In the reshuffle, Mr Hazzard became Attorney General.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:

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 Lexis-Nexis 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 Boards 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 students 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.

Assignments as part of the Boards 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 LPABs Examiners to assess or supervise the assessment of assignments.

Submission

Assignments must be submitted 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. ReviewWhere a students overall mark after the examination is between 40-49%, the students assignment in that subject will be included in the Revising Examiners review. The final examination mark is determined in accordance with this review. Assignment marks will not otherwise be reviewed.SEPTEMBER 2014 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. Lectures will be held in Mills Tutorial Room 205 in the RC Mills Building on Fisher Road until 19 June and then TBA for the remainder of the semester.A map of the University of Sydneys main campus, showing the location of these lecture venues, is included at the back of the Course Information Handbook. Note: Study Break is from Saturday 21 JUNE 2014 SundaY 6 JULY 2014.TEXTS AND MATERIALS

Course Materials

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.

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 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, 2012Other Reference Materials

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 ReutersLEC 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:

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?

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 by 11:59pm on the following date:

Compulsory Assignment Tuesday 15 July 2014(Week 8)

ASSIGNMENT QUESTION

To obtain the Local Government and Planning assignment question for the Winter Session 2014, please follow the instructions below:

1. Register online with the LEC (see page 23 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 31 May 2014, noon 4.00pm, and Sunday 1 June 2014, 8.00am noon, in New Law School Seminar Room 028 (New LSSR 028)Prescribed topics covered in Lectures 1 6

Weekend School 2 Saturday 26 July 2014, noon 4.00pm, and Sunday 27 July 2014, 8.00am noon, in New Law School Seminar Room 028 (New LSSR 028)Prescribed topics covered in Lectures 7 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.

LECTURE PROGRAM

PRESCRIBED TOPICS AND COURSE OUTLINE

Lecture 1: 15 May

Structure, powers and functions of councilsKey Reading

1.1 What are councils and what is their status?

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?

Report dated April 2013 by the Independent Local Government Review Panel Future Directions for NSW Local Government Twenty Essential Steps. If the future directions are followed will the Local remain in Local Government? LG Act, chh 2-6 and 9Pearson, chh 1-2

NSW Dept of Local Government website:

http://www.dlg.nsw.gov.auwww.localgovernmentreview.nsw.gov.au/

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? Students own assessments of what, if any, reforms are needed by Local Government

1.2 What are the powers and functions of councils?

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 Generals 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 independence of general manager and staff 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 152Maureen Peatman, (2009) Aust Local Govt Law Journal 80

LG Act, s 22

LG Act, ss 4, 23A, 89(I)(c)

LG Act, ss 186-190LG Act, ss 400BLG Act, s 352

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?

Lecture 2: Establishment and constitution of councils and the respective roles of councillors and staff

22 May

2.1 How are councils established and what is their constitution?

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 relationship between councillors and staff?

qualifications of councillors for office and elections

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, 337LG (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:

29 May

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

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

obligation to disclose interests in written returns

defence for failure to disclose a pecuniary interest

management of pecuniary interest complaints

proceedings before the Pecuniary Interest and Disciplinary Tribunal

non pecuniary interests and the model code of conduct

LG Act, ch 14

ICAC Discussion Paper, Conflicts of Interest and Local Government, 1 July 1991www.icac.nsw.gov.au

Pearson, chh 2 & 3

LG (General) Reg 2005, Pt 8 & Sch 3

Department of LG Pecuniary Interest Guidelineswww.dig.nsw.gov.auLG Act, ss 469-490

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.

3.2 Suspension, ouster, dismissal of councillors from civic office and disorder

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

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

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, 274-277

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:

5 Jun

Decision making and application of administrative law principles to the exercise of council discretionary powers

4.1 How are decisions made?LG (General) Reg 2005, Pt 10

LG Act, ch 12 Pt 2

Pearson, ch 3

meeting practice and procedure

open meetings

restrictions on ability to close meetings; requirement to state grounds and reasons for closure

circumstances which do not invalidate council decisions

rescission of decisions

delegation of authorityLG Act, ss 9, 10, 10A -10D & 11

LG Act, ss 372 & 374

LG Act, s 377

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

*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

*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

*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 and the process, and outcomes of judicial review.

Lecture 5:

12 Jun

Accountability, sources of finance, rate exemptions and financial management

5.1 Accountability of Local Government

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 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 Ombudsmans reports

powers of the Independent Commission Against Corruption

LG Act, Ch 13 Pt 2LG Act, ch 13 pt 3, ch 7 pt 3 (ss 158-167)

GIPA Act

LG Act, s 664

LG Act, s 434ALG 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

rates

charges

fees

grants

investments

loans limit of annual income from rates and charges (rate pegging)LG Act, ch 15 pts 1-5 and 7-13

Pearson, pp 132-140 and 157-160

LG Act, ss 505 513

5.3 Rate exemptions

from all rates

from all rates except water supply special rates and sewerage special ratesLG Act, ch 15, pt 6

Pearson, pp 140-151

Henningham, Exemptions from Rating and other Rating Issues (LEC website)

5.4 Challenge to rates

time limit for appeal to Land and Environment Court

grounds for appealLG Act, ss 526, 574, 555-557

Desired Outcomes: Understanding of all aspects of accountability, sources of finance and rating, rate exemptions and appeals.

Lecture 6:

19 Jun

History of town planning and environmental plan making

6.1 History of Town Planning in NSW

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 relationship of State and Local Governments in the planning field have the object s of the EP&A Act been achieved?6.2 A New Planning System for NSW* the Green Paper and White Paper * Planning Bill 2013 and the cognate Planning Administration Bill 2013;

principal proposed provisions and their likely effects if enactedLawyers warn against NSW planning reforms(LEC Website),Norton Rose Fulbright: Jacinta Studdert and Felicity Rourke - Planning reform introduced in the NSW Parliament: the Planning Bill 2013

6.3 Environmental Planning Instruments (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)

history of conceptual changes in relation to environmental planning instruments (EPIs)

content of EPIs

local environmental plans (LEPS)

State environmental planning policies (SEPPS)

interrelationship of EPIs

challenges to validity of EPIs

enforcement of EPIs

Henningham,

A Question of Balance(LEC Website)

Farrier, ch 3

EP&A Act, pt 3

characterisation of uses/purposes:

dominant/ancillary

independent uses/purposes

significance of characterisation of uses/purposes in environmental planning lawEP&A Act, s 4

Farrier, p 34

Pearson, pp 71 and 187-194

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 - Pearson, pp 177-179

EP&A Act: s 4

EP&A Act, s 28

Planning

Law Implications for

Conveyancing

Negotiating the Planning Control Minefield

Desired Outcomes: Understanding of how land use control has evolved and how it now works.

Break: Saturday 21 June 2014 Sunday 6 July 2014

Lecture 7:

10 Jul

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 consentHenningham, Planning

Law Implications for

Conveyancing

Negotiating the Planning Control MinefieldEP&A Act, pt 4, Div 10

Farrier, pp 43, 175-181

EP&A Regulation, Pt 5

EP&A Act, s 80(1)(b)

EP&A Act, s 80A(1)(b

Desired Outcomes: Understanding of basis of existing use rights, their justification, how they arise, how they operate and how they can be changed.

Lecture 8:

17 Jul

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?

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 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 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

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

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 election promise to give planning powers back to the people (Contract with NSW. March 2011)?

Lecture 9:

24 Jul

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 (EP & A Act) and comparison with review of determinations under Section 100 of the LG ActEP&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 lawEP&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

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 appealEP&A Act, ss 97 & 98

L & E Court Rules 2007, PT 7 cl 7.1

LG Act, ss 672-675

EP&A Act, ss 101, 122 & 123

Farrier, pp 36-38

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:

31 JulAssessment 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 the need for an environmental impact assessmentEP&A Act, pt 5

Farrier, pp 229-235

10.2 Land and Environment Court

jurisdiction of the Court

classes of jurisdiction

remedieshttp://www.lawlink.nsw.govau/lec.nsf/pages/index

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, 673-674

EP&A Act, ss 122-127A

Farrier, p 200

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:

7 AugActionable 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

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? 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 themAndrew Floyer Acland, A Sudden Outbreak of Common Sense, Hutchinson Business Books

time and cost

outcomes

Desired Outcomes: Understanding the extent of the actionable liability of councils 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:

14 Aug

Revision, which will take the form of a review and discussion of the whole subject

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 255Cameron 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)City of Sydney V Streetscape Projects (Australia) Pty Ltd [2011] NSWSC 1214Centro 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)

Day v Pinglen (1981) 148 CLR 289 (lapsing of consent)

Delta Properties v Brisbane CC (1955) 95 CLR 11 (council decision making)

Director-General DLG & Co-ops Re: Cr. G.F. Roberts PIT 1/1995 ) Director-General DLG Re: Cr JF Miller PIT 2/1997

)

Director-General DLG Re: former Cr J Finkernagel PIDT 1/2007)

Director-General DLG Re: Cr. C. Gulaptis PIT 2/2001

) (pecuniary interest)

Director-General DLG Re: Cr. D.V. Judge PIT 4/1995

)www.dlg.nsw.gov.auDirector-General DLG Re: Cr. JM Treloar PIT 1/1999

)

Director-General DLG Re: Cr. R. Wadsworth PIT 4/1996

)

Director-General DLG Re: former Cr. J.O. Ward PIT 3/1995

)

Director-General DLG Re: Cr. BN Cottrer PIT 3/1997

) (pecuniary interest)Director-General DLG Re: C. B Balendra PIT 3/2000

)www.dlg.nsw.gov.auDirector-General DLG Re: Cr.E Bennett PIDT 2/2007 )

Director-General DPC Re Cr Martin Ticehurst LGPIDT 07/2012 (misbehavior)

www.dlg.nsw.gov.auDixson 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)

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 Caf & Ors (2007) 159 LGERA 57 (existing uses)

Grace & Anor v Thomas Street Caf & 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)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)

Macs 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)MW & SW Enterprises v Strathfield Council (2010) 172 LGERA 125Nagle 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)

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)

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)

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 (owners 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)

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 (owners 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 councils 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 99Twist 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)

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 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)