Environmental & Planning
Environmental & Planning judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Unauthorised Building Works and Stop Work Orders Ruling
The Land and Environment Court dismissed an appeal challenging a stop work order issued for unauthorised building works. The court found that the demolition of walls and roof without prior consent was unauthorised under the complying development certificate.
Contempt Proceedings for Failure to Prune Trees
Boarding House Development Approved in NSW
The Court allowed the amendment of a development application and approved the construction of a boarding house, subject to specific conditions. The decision was based on compliance with relevant environmental planning policies and local environmental plans.
Development Consent Granted for Boarding House Appeal
Court Grants Development Consent After Conciliation Conference
Admissibility of NSW Rural Fire Service Records in Environmental Cases
Compulsory Acquisition Compensation Increased After Conciliation Conference
After a conciliation conference, the Land and Environment Court increased the compensation amount from $588,581.00 to $694,000.00 for the compulsory acquisition of land. The decision was made under the Land Acquisition (Just Terms Compensation) Act 1991.
Development Application for Alterations to Dwelling Refused Due to Insufficient Justification for Breach of FSR
Appeal Upheld Against Fence Demolition Order, Development Application Refused
Industrial Subdivision Appeal Upheld by Land and Environment Court NSW
Residential Aged Care Facility Approved with Conditions
Childcare Centre Appeal Approved by Land and Environment Court NSW
Modification Application for Dual Occupancy Development Approved
The Land and Environment Court allowed a modification application for a dual occupancy development. The applicant wanted to add more car parking spaces and increase the floor area. The court approved this change, but with some conditions attached.
Development Application Appeal Allowed in Land and Environment Court NSW
Compensation for Underground Rail Facilities - Land and Environment Court Decision
Appeal Upheld Against Demolition Order: New Order Substituted
Land and Environment Court Orders Tree Pruning to Resolve Neighbour Dispute
Child Care Facility Approved in Residential Area
Development Consent Granted for New Dwelling in Lennox Head
Land and Environment Court Allows Appeal Against Unauthorised Attic Construction Order
The Land and Environment Court allowed an appeal against an order requiring the demolition of unauthorised attic construction. The Court substituted a modified order to prevent the use of the attic space for habitable purposes.