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 Rejects Council's Challenge to Large Housing Development Approvals
The Land and Environment Court dismissed Pittwater Council's challenge to the approvals of a concept plan and project application for a large housing development. The court ruled that the approvals were not unreasonable or manifestly unjust, rejecting the arguments that the approvals were uncertain, based on no evidence, failed to consider relevant factors, or were manifestly unreasonable.
Development Consent Granted with Conditions to Minimise View Impacts
Development Application Refused Due to Non-Compliance with FSR and Landscaping Standards
Appeal for Building Certificate for Prohibited Sign Dismissed
The Land and Environment Court dismissed an appeal for a building certificate for an advertising sign. The sign was prohibited under environmental planning laws and was deemed unacceptable due to its negative impact on the environment.
Land and Environment Court Dismisses Tree Pruning Application
Trees Obstructing Views Decision Dismissed by Land and Environment Court
The Land and Environment Court dismissed applications for pruning trees that were obstructing views from a dwelling. The court found that the trees did not severely obstruct the views as required by the Trees (Disputes Between Neighbours) Act 2006.
Appeal Allowed: Modification Application for Increased Basement Storage Area
The Land and Environment Court NSW allowed an appeal for a modification application to increase the basement storage area, subject to specific conditions. The decision ensured compliance with the Development Control Plan and addressed concerns about overdevelopment and impacts on neighboring properties.
Land and Environment Court Upholds Appeal for Rural Industry Shed Subdivision
Conversion of Residential Apartments to Serviced Apartments Allowed with Conditions
Land and Environment Court Grants Leave to Amend Points of Claim and Survey Access
Land and Environment Court Allows Preliminary Determination on Development Prohibition
Significant Amendments Trigger Costs Under s97B
Landowner's View Obstructed By Neighbour's Trees - Land and Environment Court Decision
The Land and Environment Court decided that certain trees on one property were blocking the view of a neighboring property. The Court ordered the owner of the trees to cut them back to restore the view for the neighbor.
Development Application for Sex Services Premises Approved
Consent Granted for Multiple Occupancy Development
Council Wins Against Fruit and Veg Operator Who Failed to Comply with Consent Conditions
Court Cannot Force Joint Expert Conferencing in Environmental Cases
Refusal of Modification Application to Alter Heritage Item
The Land and Environment Court refused a modification application to alter a heritage item due to adverse impact on its heritage significance. The application sought to modify development consent to allow construction of a garage addition and related facilities. The Court considered the relevant matters under section 79C(1) of the Environmental Planning and Assessment Act 1979 (NSW) and found that the proposed modifications would result in an adverse impact on the heritage significance of the property.