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.
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
Pollution fine includes environmental restoration contribution
Costs Apportionment in Environmental Dispute
Land and Environment Court Denies Claimant’s Request to Amend Summons
Development Consent Granted for Mixed-Use Building with Conditions
Compulsory Acquisition for Tunnel Construction: No Compensation Payable
The court ruled that compensation is not payable for the compulsory acquisition of substratum land for the construction of a tunnel, unless specific conditions are met. This decision applies the provisions of the Land Acquisition (Just Terms Compensation) Act 1991.