The Queensland Supreme Court of Appeal has overturned a finding that the Central Highlands Regional Council owed a property purchaser (Geju Pty Ltd) a duty of care, and breached this duty of care by issuing an incorrect planning and development certificate to Geju Pty Ltd’s solicitors. The essential findings of the Court’s decision canmore…
Archive for the ‘Planning and Environment’ Category
When do local governments owe a duty of care in providing planning information?
By Castledine Gregory • April 17th, 2018No compensation for ‘injurious affection’ for land identified as public open space in structure plan
By Castledine Gregory • May 22nd, 2017In Scutti v City of Wanneroo [2017] WASC 70, the WA Supreme Court ruled that land identified as ‘public open space’ under a structure plan is not land ‘injuriously affected’ by a planning scheme and as a result, the landowners are not entitled to compensation under that regime. Background The appellants made twomore…