Legal Advice Published

Council may seek legal advice in relation to certain resolutions, and meeting principles and practices.

Once this advice is considered by Council, it may be made available here below.

 

Jan 2021

Noakes Group Pty Ltd v North Sydney Council [2021] NSWLEC 1045

Council report, 30 Nov 2020

Section 34 Agreement

Deed of Settlement

 

Jan 2021

On 30 November 2020, Council resolved to:

  1. adopt a new North Sydney Local Infrastructure Contributions Plan; and
  2. repeal the existing North Sydney Section 94 Contributions Plan 2013.

pursuant to clause 31(4) of the EP&A Regulation 2000 https://www.legislation.nsw.gov.au/view/html/inforce/current/sl-2000-0557#sec.31 

The new North Sydney Local Infrastructure Contributions Plan will commence on 1 March 2021. Clause 1.1 of the Plan specifies that the plan commences on the date on which public notice is given under clause 31(2) of the EP&A Regulation 2000. The existing North Sydney Section 94 Contributions Plan 2013 will be repealed on the same day the new plan commences.

All DAs determined on or after this date will be subject to the rates specified in the new plan regardless of the date which they were lodged with Council.  This includes a new contribution (Section 7.12)  for all development with a cost greater than $100,000.

A further notice of intent to repeal the Plan and reasons for doing so will be placed on Council’s website at least 14 days before repealing the plan pursuant to clause 32(2A) of the EP&A Regulation 2000.

 

Nov 2020

Intention to provide donation under Section 356 of the Local Government Act

Local resident and Cultural Consultant Elsa Atkin has approached Council seeking a $70,000 grant to allow her to produce a Sculpture@Sawmillers exhibition in Spring 2021.

Subject to Council determination, there is potential to fund the exhibition from the events program due to other events being cancelled due to COVID. 

A minimum of 28 days public notice must be given before Council considers a proposal to provide a grant outside of an already approved program, in accordance with sec.356 of the Local Government Act https://www.legislation.nsw.gov.au/view/whole/html/inforce/current/act-1993-030#sec.356

A report on this matter will be considered by Council on 22 February 2021.

For further information, contact Council’s Manager Communications and Events on 9936 8120.

 

Feb 2017

11 Woolcott Avenue, Waverton

Council resolved at its meeting on 20 February 2017 that the legal advice regarding this matter dated 24 February 2016 which was discussed at the briefing on 7 March 2016 be made public and posted here on Council's website:

11 Woolcott Avenue, 24 Feb 2016 (163KB)

HWL Ebsworth Lawyers advice 2 Oct 2014 (2MB)

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