Environmental & Planning
Environmental & Planning judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Federal Court overturns environmental decision for tourism project
The Federal Court ruled that a delegate's decision not to classify a proposed tourism operation as a controlled action under environmental laws was incorrect because it failed to consider if the project was part of a larger plan. This means the decision must be reviewed again, potentially affecting future similar cases.
Development Application Approved with Conditions Following Conciliation Conference
Claimant Entitled to Payment for Variations and Contaminated Fill Removal
The Supreme Court of New South Wales ruled that the claimant was entitled to payment for variations and the removal of contaminated fill from the site, as the work was properly instructed and executed according to the contract.
Tree Dispute Resolution Under NSW Trees Act
In this case, the NSW Land and Environment Court resolved a dispute between neighbours over a Swamp Mahogany tree. The claimant argued that the tree had caused damage and was likely to cause more damage in the future. The Court agreed and ordered the respondents to hire an arborist to prune the tree to remove deadwood and reduce the crown above the claimant's property.
Claimant Wins View Obstruction Case Against Neighbour
Appeal Upheld: Modification of Development Control Order for Carport and Shed
A court decision modified a development control order issued by a council. The order required the demolition of unauthorised carport and shed structures. However, the Court allowed modifications to bring these structures into compliance with environmental planning standards.
Trees Dispute Refused in Land and Environment Court
Conditional Development Consent Granted for Residential Flat Building Project
The Land and Environment Court granted conditional development consent for a residential flat building project after a conciliation conference with the Ku-ring-gai Council. The decision was made based on the Environmental Planning and Assessment Act 1979 and related policies.
Land and Environment Court Grants Tree Removal Order Due to Safety Concerns
Leave Granted to Amend Development Application for Semi-Detached Dwelling
The Land and Environment Court granted permission to amend a development application for a semi-detached house. The amendment allows for changes that increase the setback of the northern wall of the upper level of the proposed addition, ensuring compatibility with the surrounding buildings and reducing visual bulk.
Land and Environment Court Allows Boarding House Development
A self-represented litigant successfully appealed against the refusal of their development application for a two-storey boarding house in Lakemba. The Land and the address granted approval for the project, subject to certain conditions, despite objections raised by the Council regarding character compatibility and amenity impacts.
Development Application Appeal Allowed After Conciliation
Land and Environment Court Finds Defendant Guilty of Directing Unlawful Tree Cutting
The Land and Environment Court found a defendant guilty of directing the unlawful cutting down of 74 trees protected by a tree preservation order. The court ruled that the defendant was responsible for the actions of contractors who carried out the tree cutting, despite the defendant's claims of innocence.
Strata Subdivision Appeal Upheld by Land and Environment Court
The Land and the address of New South Wales upheld an appeal for a strata subdivision within the a person Hospital Conservation Area. The court approved the development application after finding that it complied with relevant planning controls and was consistent with objectives set out in the Masterplan and Development Control Plan.