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15 results
Existing use rights revisited

Thinking| 09 Jun 2017

Existing use rights revisited

In October last year, we considered the decision of Haddad v Council of the City of Ryde [2016] NSWLEC 1386 which discusses the interesting issue of existing use rights, and the circumstances in which an existing use can be changed, even if ...

Council has perpetual litigator declared vexatious

Thinking| 15 May 2017

Council has perpetual litigator declared vexatious

The recent decision in The Hills Shire Council v Stankovic [2017] NSWSC 464 is an important decision for local governments as it deals with circumstances not unfamiliar to many local councils.

Enlivening appeal rights to a deemed refusal

Thinking| 10 Mar 2017

Enlivening appeal rights to a deemed refusal

On 8 February 2017, Justice Sheahan of the Land and Environment Court handed down his decision in the case of Lateral Estate Pty Ltd v The Council of the City of Sydney [2017] NSWLEC6 concerned with the acceptance of amended plans to a ...

NSW planning control: a prohibition or a development standard?

Thinking| 29 Jan 2017

NSW planning control: a prohibition or a development standard?

The recent case of Principal Healthcare Finance Pty Ltd v Council of the City of Ryde [2016] NSWLEC 153 considers the recurring question of whether a specific planning control is prohibition or a development standard.

Relying on existing land use rights in NSW

Thinking| 11 Oct 2016

Relying on existing land use rights in NSW

The recent Land and Environment Court decision in Haddad v Council of the City of Ryde [2016] NSWLEC 1386 considers the interesting issue of existing use rights and the circumstances in which an existing use can be changed, even if the particular ...