Question
Students MUST use the IRAC method (Issue, Rules, Application, Conclusion) to answer all problem scenario questions. Answers MUST be supported with relevant statute or case
Students MUST use the IRAC method (Issue, Rules, Application, Conclusion) to answer all problem scenario questions. Answers MUST be supported with relevant statute or case law authority.Michael was interested in redeveloping a commercial block of land that he owned in Quakers Hill in the western suburbs of Sydney. Before incurring the expense involved in demolishing the existing structure on the land, and then engaging an architect to prepare and submit official plans for approval, he decided to approach Blacktown City Council informally, to ask about whether he would be likely to be granted the necessary consent from council for his development. Michael didn't make an appointment with anyone, and when he arrived at Council Chambers he was told by the receptionist, Caroline, that all of the planning officers were busy and would not be able to see him for at least a week. Seeing that he was disappointed with this situation, Caroline explained that she had been employed as a receptionist in various metropolitan Council offices for over thirty years, and may be able to help him. Michael then explained to Caroline what he had planned for his development, and she told him that she had heard of many similar projects being approved by the Councils she had worked for, and that she could think of no reason why his proposal in Quakers Hill would be rejected. Based on the advice that he had received from Caroline, Michael proceeded with his plans to demolish the existing building, at considerable expense. He also engaged Jackson & Associates as consulting architects, and they prepared and presented plans to Blacktown City Council for approval. Council rejected Michael's Development Application, on the grounds that it failed to conform to the restrictions in the published Environmental Planning Instrument (EPI) for the area. Michael estimates that he is now very close to $1 million out of pocket on this redevelopment, and he contends that this is money that he would not have spent had he not been given negligent advice by Blacktown City Council through its employee, Caroline. Does Michael have a cause of action against Council in this matter?
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