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.
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.
Roof Cladding Change Approved in Heritage Conservation Area
Development Control Order Modified Following Conciliation Conference
Heritage Item Appeal: First Floor Addition Approved
Development Application for Subdivision Granted With Conditions
Conditional Consent Granted for Boarding House After Addressing Compatibility
Development Application Appeal Granted in Land and Environment Court Case
Modification Application Approved: Land and Environment Court Decision
Court Grants Leave for Amended Plans for Residential Building in Kogarah
The Land and Environment Court approved a development application for a residential building after reaching an agreement with the parties involved. The approval came with certain conditions that both parties found acceptable.
Development Application Approved Following Agreement in Conciliation Conference
Development Application Approved with Amendments in Land and Environment Court Case
In this case, the Land and Environment Court approved a development application for building 22 homes with some changes. Both sides agreed to these changes.