In the Media
Ku-ring-gai heritage protection given a major boost
Heritage conservation in Ku-ring-gai has received a major boost with the NSW Government endorsing 37 new Heritage Conservation Areas across the council area. Under a new local environmental plan (LEP) approved by the Department of Planning andInfrastructure key areas of Killara, Lindfield, Roseville, Gordon, Wahroonga, Pymble,Turramurra and Warrawee will be given added protection (08 July 2013)
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Green light for first residential buildings at Barangaroo
The Department of Planning and Infrastructure has granted planning approval to begin construction on Barangaroo’s first residential buildings, with a combined investment value of $100 million following the assessment of an application lodged by Lend Lease (05 July 2013)
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Announcements, Draft Policies and Plans released 2013
New planning process for small bars
Advisory note emailed to council general managers in July 2013 about the new process for small bar applications as a result of changes to the Liquor Act 2007(02 July 2013)
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Cases
Steele v Holmes [2013] NSWSC 875
REAL PROPERTY – Torrens Title – leases – plaintiff-tenant claims entitlement to life tenancy arising from alleged oral agreements with predecessors-in-title of defendant-registered proprietor – plaintiff’s claim failed on the facts
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Van Dyke v Sidhu [2013] NSWCA 198
ESTOPPEL – equitable estoppel – proprietary estoppel – promises by a man to a woman to give her a cottage property – where that property not separately transferable unless a plan of subdivision approved and registered – where the property is owned by the man and his wife as joint tenants – implications for proprietary estoppel claim of these preconditions to transferability – whether promisee acted to her detriment in reliance on the promises – inconclusive answers by her in cross examination to questions as to what she would have done if the promises had not been made – relevance of such answers to presumption of reliance – whether it was unconscionable for the man to resile from the promises – form of relief where third party interest subsists in promised property – equitable compensation to be rendered – appeal allowed
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Bardsley-Smith v Penrith City Council [2013] NSWCA 200
ENVIRONMENT AND PLANNING – planning schemes and instruments – validity of development consent relating to pharmacy – whether consent approved use of premises for prohibited purpose of a shop – whether use in accordance with development consent – whether retail business subordinate to principal purpose – whether continuing use for a prohibited purpose
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Hunters Hill Council v Gary Johnston [2013] NSWLEC 89
The Defendant is fined the sum of $40,000.
PROSECUTION – breach of s 125(1) Environmental Planning and Assessment Act 1979 – plea of guilty – sentence – removal of three trees and part removal of fourth tree required to be retained by conditions of development consent – condition of consent required protection and preservation of trees – removal of trees in foreshore scenic protection area, conservation area and in the vicinity of heritage items – mature grouping of pine trees – retention of trees to mitigate impact of new building from waterway – offence committed intentionally – strict liability offence – objective gravity – removal of trees secured improvement in personal amenity – subjective circumstances of offender – previous good character – no evidence of contrition and remorse.
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Contact Us
Lachlan Paterson Partner
Direct Line: (02) 8289 5895
lpaterson@millsoakley.com.au
Catherine Hallgath Partner
Direct Line: (02) 8289 5806
challgath@millsoakley.com.au
Vera Visevic Partner
Direct Line: (02) 8289 5812
vvisevic@millsoakley.com.au