Environmental & Planning
Environmental & Planning judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Appeal Upheld: Development Consent Modified in Land and Environment Court Case
Development consent granted for new structure after appeal
The Land and Environment Court granted permission to demolish an old structure and build a new one, subject to certain conditions. The decision was based on the relevant local environmental plans and ensured compliance with specific standards.
Land and Environment Court Reverses Cost Award in Tree Dispute
The Land and Environment Court reviewed a decision to award costs in a tree dispute between neighbors. The court decided it was not fair and reasonable to award costs against the respondent, who had relied on expert advice and made concessions during the hearing. As a result, each party was ordered to pay their own costs.
Appeal Upheld for 24-Hour Service Station Operation in Lane Cove
Trees Causing Damage to Neighbor's Property - Land and Environment Court Decision
Builder Failed to Comply with Statutory Warranties and Contractual Obligations
Court Denies Defendant’s Request for Professional Costs After Prosecution Withdrawal
Tree Dispute Costs Order: Bamboo and Palm Fronds
In a tree dispute, the court ordered the respondent to pay the applicant $5,000 in costs after finding that the respondent's legal position regarding the risk of injury from palm fronds was untenable.
Trees Not Classified as Hedge Under NSW Trees Act
Fruit and Veg Store Alterations Approved, Expansion Denied
The Land and Environment Court granted permission for changes to an existing fruit and vegetable store but denied permission to expand the use into an existing shed. The court ruled that the existing use did not cover the entire site or the existing shed.
Stormwater Management Plans Insufficient for Development Approval
The appeal was dismissed because the development application lacked adequate information on stormwater management. The court found that the plans did not comply with environmental regulations, leading to the refusal of development consent.
Application to Prune Trees Refused in Land and Environment Court Decision
Claimant Granted Permission to Amend Summons in Development Consent Case
The Land and Environment Court allowed a homeowner to amend her legal claims after she accused her neighbors of removing glass bricks without proper approval. The court considered the homeowner's request under specific legal acts and granted her permission to proceed with her case.
Development Control Order Appeal Upheld: New Conditions Set
Land and Environment Court Modifies Order for Reduced Deck and Landscaping
Appeal Dismissed for Non-Compliance with Height and Floor Space Ratio Standards
Modification Application Upheld in Land and Environment Court
In this case, a modification application was successful in the Land and Environment Court. The Court upheld the appeal and modified the original development consent to include minor changes, ensuring the proposal had minimal environmental impact.