Land and Environment Court (NSW) case law
Judgments from the Land and Environment Court (NSW) with a plain-English summary, the legal holding and frequently asked questions. The original content is public and official; the summaries and analysis are produced by VadeLab's technology.
Agreement Reached to Modify Development Consent Conditions After Conciliation Conference
Dog Boarding Facility Appeal Allowed: Land and Environment Court Decision
Land and Environment Court Rejects Tree Pruning Request
Child Care Centre Appeal Approved After Addressing Residents' Concerns
Appeal Against Development Refusal Dismissed for Insufficient Evidence and Procedural Fairness Issues
Court Approves Boarding House Development Appeal
A self-represented litigant appealed against a council's refusal of a development application for a two-storey building including a boarding house in Peakhurst. The Land and the address approved the appeal, ruling that the design is consistent with local area characteristics under a person.
Valuation of Compensation for Land Acquired for Freeway
The Court decided on the compensation for land acquired for a freeway, taking into account the market value of the land, the value of resources affected by the acquisition, and any harm caused by the project. The Court used a financial model called Discount Cash Flow (DCF) to evaluate the value of the resource.
Development Refused Due to Incompatibility with Local Area
A proposed development was refused by the Land and Environment Court because it did not comply with local environmental plans and development control plans, specifically regarding setbacks and overshadowing.
Claimant Granted Extension to Challenge Fees Decision
The Land and Environment Court allowed the claimant more time to challenge the respondent's decision on fees for aircraft use at a public reserve. The court found the claimant's delay justified and the grounds for challenge valid.
Development Application for Neighbourhood Shop Within Industrial Unit Approved
On-Site Parking Within Front Setback Refused Due to Streetscape Impact
Sale of Boats and Ancillary Equipment Permitted Under NSW Environmental Laws
Business Operating Without Development Consent and Violating Closure Order
The Land and Environment Court declared that the respondent had not complied with a statutory closure order issued by a council and had carried out unauthorised development in violation of the Environmental Planning and Assessment Act 1979.
