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ARTICLE · 25 MAY 2015

NSW Government Bulletin - 20 May 2015

Holding Redlich
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This bulletin has links to media releases, reports, cases, legislation and issues of interest to NSW government lawyers.

AustraliaGovernment, Public Sector
Sylvia Fernandez (Formerly With Holding Redlich)
Sylvia Fernandez (Formerly With Holding Redlich)
Christine Jones
Christine Jones
Kim Nguyen
Kim Nguyen
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In Friends of King Edward Park Inc v Newcastle City Council (No 2) [2015] NSWLEC 76 (Friends of KE), the NSW Land and Environment Court (LEC), found that a development consent granted for a function centre on land reserved for public recreation was invalid. The LEC has also confirmed that land reserved for "public recreation" must not be developed for a purpose which generally excludes the public.

Key lessons for government

The case highlights for decision makers the importance of ensuring that there is sufficient documentary evidence to demonstrate that all mandatory considerations have been taken into account when exercising functions and making decisions. This is particularly important where the decision is contentious and likely to be the subject of judicial review proceedings.

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