Environmental & Planning
Environmental & Planning judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Development Application Granted with Conditions Following Conciliation Agreement
Childcare Centre Expansion Appeal Refused Due to Overdevelopment
Claimant Amends Development Application and Wins Appeal
Appeal Upheld: Resource Recovery Facility Must Comply with Conditions of Consent
The Land and Environment Court upheld an appeal regarding compliance with conditions for a resource recovery facility. The court substituted the original orders with new ones, requiring the applicant to submit an application for approval of a cell design within six months.
Shop Top Housing Project Approved with Conditions by Land and Environment Court
Development Application Refused for Adverse Impact on Heritage Items
The Land and Environment Court refused a development application because it would negatively impact the heritage significance of existing heritage items. The Court considered the impact of the proposed development on the heritage items and determined that it would not facilitate their conservation, leading to the refusal of the application.
Development Application Appeal Upheld with Modifications
Claimant Wins Appeal for Six-Storey Residential Building
Development Application Approved with Conditions in Land and Environment Court Case
Land and Environment Court Orders Bamboo Hedge Pruning
Land and Environment Court Grants Consent for Affordable Housing Project Amid Resident Objections
The Land and Environment Court granted permission for a residential flat building project that includes affordable housing, despite objections from nearby residents. The Court considered the project's compliance with environmental planning policies and the public interest in providing more affordable housing options.
Tree Removal Without Council Consent Results in Fine
Tree Causing Property Damage - Land and Environment Court Decision
In this case, the claimant asked the court to remove a tree that was damaging their property. While the court did not allow the tree's removal, it did order the respondent to help cover the costs of repairing the damage.
Boundary Fence Modification Approved in Heritage Conservation Area
Development Approved After Conciliation Agreement in Land and Environment Court Case
Development Application Amended After Agreement Reached During Conciliation Conference
In this case, the claimant amended their development application after reaching an agreement with the council during a conciliation conference. The court approved the amendment and issued the necessary orders.
Development Application for Mixed-Use Building in Mascot Approved with Conditions
Financial Assurance Requirements for Environmental Protection Licences
Councils Can Appeal Environmental Offences as Prosecutors - NSW Court of Appeal
Employer Liability for Asbestos Exposure Overturned
The NSW Court of Appeal decided that an employer's responsibility for asbestos-related health issues starts when the worker was last exposed to asbestos in their job. This ruling overturned a previous decision by a lower court.