Environmental & Planning
Environmental & Planning judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Land and Environment Court Upholds Council's Development Consent Decision
The Land and Environment Court dismissed a challenge to a development consent granted by a local council. The claimant argued that the council failed to consider economic impacts on the locality, but the court found that the council had adequately addressed these concerns.
Trees Removed to Restore Views in Land and Environment Court Case
In a case heard by the Land and Environment Court, three palm trees were ordered to be removed because they obstructed the view of the claimant's property. The decision was made under the Trees (Disputes Between Neighbours) Act 2006.
Land and Environment Court Orders Deadwood Pruning on Sydney Blue Gum Tree
In a case involving a dispute between neighbours over a Sydney Blue Gum tree, the Land and Environment Court ruled that while the tree itself did not pose a significant risk, the deadwood needed to be pruned to prevent potential injuries. The court ordered the tree owner to hire a professional to remove the deadwood from the tree's canopy.
Development Application Agreement Reached Through Conciliation Conferences
Secondary Dwelling Appeal Denied Due to Excessive Floor Area
Development Approved After Addressing Community Concerns
Tree Removal Ordered Due to Damage Caused to Neighbour’s Property
Land and Environment Court Rejects Claimant's Amendment Request for Development Application
Agreement Reached to Modify Development Consent Conditions After Conciliation Conference
Dog Boarding Facility Appeal Allowed: Land and Environment Court Decision
Land and Environment Court Rejects Tree Pruning Request
Child Care Centre Appeal Approved After Addressing Residents' Concerns
Appeal Against Development Refusal Dismissed for Insufficient Evidence and Procedural Fairness Issues
Court Approves Boarding House Development Appeal
A self-represented litigant appealed against a council's refusal of a development application for a two-storey building including a boarding house in Peakhurst. The Land and the address approved the appeal, ruling that the design is consistent with local area characteristics under a person.
Valuation of Compensation for Land Acquired for Freeway
The Court decided on the compensation for land acquired for a freeway, taking into account the market value of the land, the value of resources affected by the acquisition, and any harm caused by the project. The Court used a financial model called Discount Cash Flow (DCF) to evaluate the value of the resource.
Development Refused Due to Incompatibility with Local Area
A proposed development was refused by the Land and Environment Court because it did not comply with local environmental plans and development control plans, specifically regarding setbacks and overshadowing.
Claimant Granted Extension to Challenge Fees Decision
The Land and Environment Court allowed the claimant more time to challenge the respondent's decision on fees for aircraft use at a public reserve. The court found the claimant's delay justified and the grounds for challenge valid.