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Environmental Law - Part 1

Letter of Advice

To,

The XYZ,

This letter intends to advise Mr. XYZ regarding the set out in the orientation and the scenario, on the development consent has been given to the neighbour’s proposed development described in the scenario. According to the current situation of you and the property, under section 9.42 of the Environmental Planning and Assessment Act 1979 No. 203, it says that offences relating to monitoring and environmental audits, which actually means that a person should not include any information in any of the report which is for monitoring data or any report which is produced through audit to the Ministers due to connection with the audit of an environmental analyses, if any person has the knowledge or any information which is untrue and is misleading of the facts and circumstances in the particular respect to the material, secondly, any information which is not included in monitoring or in any report audit, the proponent of an approved task should not fail for including any information in any kind of report for data monitoring or, any report which is been audit or is produced to through the connection of a Minister with the audit of an environmental report if the proponent has the knowledge about the relevancy of the materials that are to be monitored and audit.

Thirdly, retention of monitoring data or audit documentation, the proponent which is approved for the project must retain in any data monitoring in accordance with the relevancy of the condition for at least 5 years of the approval and after it was collected, must also retain required documentation that is to be prepared by the approved proponent which are in connection to the audit of an environmental period of at least 5 years and after the report of audit has been brought into concern was produced before the Ministers and also have to produce at the time or period with any such documentation on the requests to the investigation of the departmental authorities under the Division 9.2, therefore, the maximum penalty shall be for tier 3 monetary penalty. The northland which is a developmental site and the owner of the site has lodged an application for the development with Randwick Council concerning the site for the process of development which is already described in the developmental application as an addition to the house which has been in an existence and an attached flat.

As the development shall block the yet uninterrupted, panoramic views, from both the sides standing and sitting and also from the rear yard, therefore, being an owner of the property of the south developmental site, you have rights to seek for the information from the developmental site and the authorities which are involved in such activities of the projects and growth. In the case of Environmental Defence Society Inc v. New Zealand King Salmon Co Ltd [2014] NZSC 38, [2014] 1 NZLR 593, the Supreme Court held by a majority that the policy made by the New Zealand Coastal Policy Statement protection of the outstanding the natural landscape set the bottom line for the environment that the preservation and the idea of environmental protection can be an element of the management is sustainability if the resources of the physical management by the authorities. The decision was provided under the Resources Management Act 1991 by the authorities of the planning bodies. Also, in the case of Edwards v. National Coal Board1949the court of appeal decided that all the reasonably practicable, was a way more defined in the narrow sense that was when the facts were practicably possible.

The entire case turned as when it was decided that the facts and the circumstances presented are all of the roadways that needed to be shored up. In the case of Illinois Central Railroad v. Illinois 146, U. S. 387 (1892) the court held that every state has the capacity to hold the permanent title to every land which is submerged with the lands and its boundaries and also holds the trust of the public. The issues which were raised were whether the state shall possess the Illinois authority to grant title to its land submerged by the navigable waters. Secondly, whether the Illinois Central Railroad Company acquired riparian rights to the lake bed immediately adjacent to the lakefront property to which it possessed a title. Arguments were based on the same, therefore, in your case, the neighbour has given its consent the main motive and task is to make the neighbour agree for not giving the consent for any approval and developmental site. The possible grounds that can be taken into action can be of a failure that is considered for the consideration which is relevant, a failure which is to be followed as the fair procedure, any kind of failure which is developmental plan to control into any account, any failure if it notifies the neighbour or any failure which should be considered for the unreasonable manifested view.

The rights that can be in question can be that such development may lead to interference in the private property of the person and which shall also violate the right to privacy of an individual. The main objective of the Act is to facilitate the ecological sustainability and development by the relevance of the integrity of economic, social, and environmental considerations in the making of the decisions about any planning related to assessments. According to section 4.20, any person who has given its consent and is on an effect from the date it is registered and the consent is provided by the planning portal, a development consent for designated development has an effect on from the end of 28 days after the particular date it was registered. The consent authority if approved the application then you have the rights to object and protect the rights against the privacy and property. Abovementioned cases and facts have proved that the owner has rights to question and ask for the privacy, therefore, even you and the neighbour have the rights to take legal actions against such act by or through the government, or any other party, or an individual, so you have an opportunity to move to the court and deal with the situations legally, the legal remedy shall always help in such typical matters of the property and privacy which is the key concern of a person.

Environmental Law - Part 2

A succinct case note:

Stokes v. Waverley Council (No 2) [2019] NSWLEC 174

Case note

As bids under s 56A are constrained to blunders on inquiries of law, the grounds of the offer were that the Commissioner failed in finding that she didn't have locale to give agree to the DA under the steady gaze of the Court; finding that the assent of the proprietor of abutting land was required in accordance with cl 49 of the EPA Regulation; finding that the area of two existing heaps utilized for auxiliary steadiness raised an issue of purview; finding that purview to decide the intrigue was possibly given if the two heaps were fundamentally separated from the proposed advancement, and excusing the intrigue without allowing the gatherings a chance to make entries concerning whether the assent of the proprietor of bordering land was required according to cl 49 of the EPA Regulation and whether she had locale to concede agree to the DA under the steady gaze of the Court. The grounds of advance fall into two classes: initial, a blunder regarding an implied absence of locale; and, second, a disavowal of procedural decency.

On 5 August 2019, Council documented a submitting appearance in these intrigue procedures. The meeting continued on 7 August 2019 with Mr. A Galasso of senior direction with Mr. J Farrell of insight, showing up for Ms. Stokes, and Mr. M Hanna, the specialist, affirming Council's submitting appearance.

Introduction

On 22 September 2017, Stephanie Stokes held up advancement application DA 404/2017 ('DA') with Waverley ('Council') looking for assent for adjustments and options to an endorsed five-story working for use as a double inheritance and for extra exhuming on Lot 43 DP 10771 and known as 21 Thompson Street, Tamarama ('site'). On 28 March 2018, the Waverley Development Assessment ('Panel') declined the DA.

On 18 July 2018, Ms. Stokes documented a Class 1 application in this Court engaging against the Panel's refusal of the DA. The intrigue was heard by Commissioner Bish on 18-19 February and 5 March 2019. On 3 April 2019, the Commissioner conveyed judgment excusing the intrigue: Stokes v Waverley Council [2019] NSWLEC 1137 ('Judgment').

The Commissioner found that the proposed advancement depended after existing heaping, including two heaps situated on a bordering property, being Lot 44 DP 10771 and known as 19 Thompson Street, Tamarama ('Lot 44'). As no proprietor's assent had been given by the proprietors of Lot 44, considering cll 49(1)(b) and 50(1)(a) of the Environmental Planning and Assessment Regulation 2000 (NSW) ('EPA Regulation'), the Commissioner inferred that "a basic jurisdictional obstacle" had not been survived (Judgment [56]), and discarded the intrigue.

Facts

The foundation of the site is the primary sandstone, which is been evacuated to a depth below the surface, the site has steep stand stone which was facing the southern, eastern, and western boundaries. The site is rectangular and also joins the Thompson Street to the south, Tamarama Drive to the North, from the southern to the central position of the site the walls which are made up of the stand-stone are self-supporting, later on, which the faces of rocks were supported by the steel joists and shotcrete on the boundary of the eastern part and also piles along the northern-western boundary.

Legal issues

As the concern on the abovementioned facts and circumstances, the legislation which are applied to the matter are section 4.12(1), 4.16(1), 4.16(4), 4.16(11) and 4.17(1) of the EPA Act,cll49(1), 50(1) and 1(1) in Pt 1 of SCH 1 of the EPA Regulation, for the consideration of thee jurisdictional hurdle in an argument.

Decision

The decision of the court is that the appeal is upheld, order (1), (2) and (3) by the Bish Commissioner on April 3rd are set aside, the proceedings are considered to be remitted and commissioner Bish to e a determined person in accordance which the reasons of judgments. Therefore, there shall be no order as to the costs. The Commissioner stated that the survey of the amendment plans has also been recognised and the issue of jurisdiction to at least piles on the two, also is used for the stability of structure with the boundaries sited and also being located on an adjoining property, to 19 Thompson Street.

Analysis

Ms. Stokes presents that the Commissioner found that she didn't have the capacity to favor the DA without the imperative proprietor's ascent from the landowner. Ms. Stokes fights that there are four blunders identifying with the Commissioner's finding that she didn't have locale to support the DA. To start with, the Commissioner misled herself by conflating "the land to which the advancement application relates" for the motivations behind cll 49 and 50 of the EPA Regulation with "works that the improvement depends upon". Ms. Stokes presents that no place in cll 49, 50, 1(1)(b) or 1(1)(i) of Pt 1 in Sch 1 of the EPA Regulation is there any reference to works that the advancement "depends upon". Ms. Stokes presents that the test is whether the advancement application "relates" to the land on which improvement particularized in the application is to occur. Ms. Stokes battles that this confusion adds up to a mistake of law. Second, Ms. Stokes presents that the Commissioner doesn't recognize off-site works inside the extent of the DA which require landowner's agree as per cl 49 of the EPA Regulation, and off-site works that are proposed to be done compliant with a state of assent forced under s 4.17(1)(f) of the EPA Act. Ms. Stokes says that the Commissioner neglects to perceive that off-site works might be affirmed in accordance with a state of assent forced under s 4.17(1)(f) of the EPA Act, referring to Minister for Urban Affairs and Planning v Rosemount Estates Pty Ltd (1996) 91 LGERA 31 ('Rosemount') at 96.

Summary

As the worry on the previously mentioned realities and conditions, the enactment which is applied to the issue is area 4.12(1), 4.16(1), 4.16(4), 4.16(11) and 4.17(1) of the EPA Act, cll 49(1), 50(1) and 1(1) in Pt 1 of SCH 1 of the EPA Regulation, for the thought of the jurisdictional obstacle in a contention. The establishment of the site is essentially sandstone, which is been emptied to a profundity beneath the surface, the site has steep stand stone which was looking with the southern, eastern, and western limits. The site is rectangular and furthermore joins the Thompson Street toward the south, Tamarama Drive toward the North, from the southern to the focal situation of the site the dividers which are comprised of the stand-stone are self-supporting, later on, which the essences of rocks were bolstered by the steel joists and shotcrete on the limit of the eastern part and furthermore heaps along the northern-western. Limit, the choice of court is that the intrigue is maintained, request (1), (2), and (3) by the Bish Commissioner on April third are saved, the procedures are viewed as transmitted and official Bish to a decided individual in agreement which the reasons of decisions. Along these lines, there will be no organization with respect to the expenses. The Commissioner expressed that the study of the change plans has additionally been perceived and the issue of purview to at any rate heaps on the two, likewise is utilized for the strength of structure with the limits sited and furthermore being situated on an abutting property, to 19 Thompson Street.

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