Welcome to the second edition of the NSW Local Government Court Reporter for 2022. The purpose of this publication is to keep you up to date with decisions that impact local councils in NSW.
In this edition we consider cases regarding:
- costs in public interest cases;
- an appeal against an order requiring the demolition of an unlawfully constructed building;
- the weight and manner in which a development control plan is applied to the assessment of a development application;
- an appeal regarding the liability of a Council under s 45 of the Civil Liability Act 2002;
- whether a modification application to change the fuel source of an electricity generating power plant to include biomass as a fuel source was substantially the same development; and
- disciplinary action taken against a Councillor for failing to disclose a non-pecuniary interest when voting on a development application.
We hope you enjoy reading this edition of the Court Reporter.