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29 Sep, 2026
The Bucketty decision On 11 September 2026, the Land and Environment Court delivered judgment in Friends of Bucketty Incorporated v ... -
28 Aug, 2026
In NSW, all levels of government can acquire privately owned land for a public purpose (an acquiring authority). An acquiring authority may ... -
15 May, 2026
In 2023 the ACT saw a significant reform to its planning laws, including the commencement of the Planning Act 2023. The reforms were aimed ... -
23 Sep, 2025
The first step for a local council in undertaking enforcement action under the Environmental Planning and Assessment Act 1979 (NSW) (EPA ... -
16 May, 2025
We are delighted to announce that seven of our lawyers have been recognised in the 2026 Edition of the Best Lawyers in Australia. As well ... -
03 Apr, 2025
In our experience, one of the key matters which arises for local council officers in determining an access application under the Government ... -
14 Mar, 2025
In NSW, all levels of government can acquire privately owned land for a public purpose (an acquiring authority). An acquiring authority may ... -
14 Mar, 2025
Many Council officers would be familiar with development appeals in the Land and Environment Court of NSW. In these proceedings, the Court ... -
07 Feb, 2025
A bill to amend the Planning Act 2023 to exclude third parties from seeking review of development proposals related to a public health ... -
13 Jan, 2025
The latest edition of our Essential Guide to Local Government Law will assist local councils to understand the benefits and requirements ... -
15 Jul, 2024
What is a Building Information Certificate and why obtain one? A Building Information Certificate (BIC) is a certificate issued under the ... -
09 May, 2024
Class 1 appeals dominate the case load of the Land and Environment Court. Many of these proceedings are commenced against the ‘deemed ... -
19 Feb, 2024
A recent case decided by the NSW Court of Appeal, M&S Investments (NSW) Pty Ltd v Affordable Demolitions and Excavations Pty Ltd [2024] ... -
12 Feb, 2024
Explore strategies to address the gap in housing options with insights from our upcoming event. Join us to discuss how to achieve more with ... -
06 Sep, 2023
As many who are interested in or working within the development space will be aware, there has been an ongoing process of review and reform ... -
16 Aug, 2023
The recent case of Inglis v Buckley [2023] NSWLEC 77 offers some lessons in relation to the consideration of development applications by ... -
17 Jul, 2023
In a recent case decided by the NSW Court of Appeal, Bronger v Greenway Health Centre Pty Ltd t/as Greenway Plaza Pharmacy [2023] NSWCA 104 ... -
24 May, 2023
Council officers often need to enter private premises as part of their job. However, figuring out when you can enter property, where you ... -
05 Apr, 2023
In a recent case decided by the Land and Environment Court of NSW, the Court has found that prefabricated ‘modular units’ were properly ... -
21 Mar, 2023
With the end of the financial year approaching, local councils are likely to receive an increase in the number of queries regarding the ... -
21 Dec, 2022
BAL recently acted for Queanbeyan-Palerang Regional Council in a novel case recently confirmed on appeal in favour of the Council. -
![Existing use rights and Bennett v Hawkesbury City Council [2022] NSWLEC 1630](https://ballawyers.com.au/hubfs/Imported_Blog_Media/Old-house-heritage-land.jpg)
02 Dec, 2022
Determining the existence and scope of existing use rights can be complex. It typically requires examining historical documents and ... -
22 Aug, 2022
This essential guide will assist Local Councils to consider and apply item (1)(d) to the table in Section 14 of the Government Information ... -
13 Jul, 2022
This essential guide briefly sets out what you can expect in Local Court Proceedings which arise when a person elects to have a charge ... -
10 Jun, 2022
We have previously published an essential guide regarding the issue of investigation notices requiring the provision of documents and ... -
09 May, 2022
A recent decision of the NSW Land and Environment Court serves as a reminder that the Court takes the deliberate flouting of consent ... -
25 Mar, 2022
A recent decision of the NSW Land and Environment Court has highlighted the risk to councils of not following the correct process to ... -
21 Mar, 2022
This essential guide will assist local councils with the making of Interim Heritage Orders (IHOs) under the Heritage Act 1977 (the Act).[1] -
20 Feb, 2022
This Essential Guide will assist local council officers to ensure that statutory notices and orders under the Environmental Planning and ... -
18 Nov, 2021
In a significant decision of the Land and Environment Court of NSW handed down on Monday, the Court determined that there is no express or ... -
15 Nov, 2021
NSW Local Councils are often the first to respond to a planning or environmental offence. This guide will assist Council’s to decide what ... -
26 Jul, 2021
In a case handed down on 30 April 2020, the NSW Land and Environment Court has decided that the rejection of a development application by a ... -
26 Jul, 2021
In a decision handed down on Monday of this week, the Court of Appeal has found that councils must comply with the public notice ... -
26 Jul, 2021
In a decision handed down by Moore J on 2 February 2017, the Land and Environment Court has held that the amalgamation of two Councils ... -
26 Jul, 2021
The recent Land and Environment Court of New South Wales decision in Tanious v Georges River Council[2016] NSWLEC 1330 is a timely reminder ... -
26 Jul, 2021
The decision of the Land and Environment Court in Environment Protection Authority v Eastern Creek Operations Pty Limited (‘Eastern Creek’) ... -
19 May, 2021
Relevant instruments When dealing with staff misconduct and discipline (including workplace bullying), you must comply with a number of ... -
19 May, 2021
Guest speaker Chris Wheeler presented on complaints management and procedural fairness for the November Webinar of HR Breakfast Club NSW ... -
13 Apr, 2021
The Protection of the Environment Operations Act 1997 (POEO Act) provides for the issue of a range of notices, collectively referred to as ... -
13 Apr, 2021
In a recent decision, the NSW Court of Appeal has clarified that, while an application to modify the plans accompanying a construction ... -
13 Apr, 2021
Updated March 2020: Many of our Council clients will be faced with inquiries from people who are rebuilding after the NSW bushfires. This ... -
13 Apr, 2021
Updated June 2020: A development consent can add significant value to land and can be costly to obtain. It is therefore important to ... -
13 Apr, 2021
A recent decision of the NSW Land and Environment Court demonstrates that NSW councils need to carefully consider the provisions of both ... -
13 Apr, 2021
Following the bushfires across much of NSW that had a catastrophic impact on many local government areas, councils and communities are deep ... -
12 Apr, 2021
Introduction Development standards play an important role in ensuring that new developments complement the character of the local area, ... -
25 Mar, 2021
The acceptance of expert evidence provided by a Council employee by a Commissioner of the Land and Environment Court was unsuccessfully ... -
21 Nov, 2019
This Essential Guide will assist local councils to apply the temporary use provisions in cl. 2.8 of the Standard Instrument LEP. Prohibited ... -
20 May, 2019
Hoarding involves the collection of an excessive number of items of (often) low value, as well as an inability to throw such items away. ... -
29 Mar, 2019
Our essential guide to development control orders addressed when local councils can give development control orders under the Environmental ... -
12 Feb, 2019
Development control orders (orders) are powerful tools for a council to use to deal with compliance issues. Orders are given in accordance ... -
19 Nov, 2018
What is competitive neutrality and why is it important? Competitive neutrality is about creating a level playing field between in-house and ... -
23 Oct, 2018
This edition of our Essential Guide addresses how to draft conditions of development consent that are clear, valid and enforceable under ... -
27 May, 2018
The delegation of Council functions is essential to the effective and efficient governance of a local Council. This guide will offer an ... -
26 Apr, 2018
KEY INSTRUMENTS Uniform Civil Procedure Rules 2005 (the UCPR) – Part 31 Division 2 – Expert Evidence Expert Witness Code of Conduct – ... -
22 Feb, 2018
The process of acquiring land or an in interest in land, such as an easement, is underpinned by the Land Acquisition (Just Terms ...