APPLICATION – an application to modify a consent granted by the Court – multi dwelling housing – conciliation conference – agreement reached – orders made
DEVELOPMENT APPLICATION – demolition and construction of a residential flat building – amended plans and additional information – agreement between the parties – orders made
APPEAL – development application – change of use of an existing industrial building to a place of public worship – structural adequacy of the building – parking demand – inadequacy of traffic management plan – inadequacy of on-site parking – vehicular access/queuing – pedestrian safety
DEVELOPMENT APPLICATION – mixed use development – breach in height development standard – variation of development standard – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – gas powered - electricity generating power plant – data centre - conciliation conference – agreement between the parties - orders
DEVELOPMENT APPLICATION – adaptation of existing and construction of new warehouses for light industrial and creative purpose - conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – torrens subdivision and new dwellings – conciliation conference – amended plans – agreement between the parties – orders made
DEVELOPMENT APPLICATION – alterations to an existing dwelling - construction of a secondary dwelling above garage – conciliation conference – agreement between the parties – orders
TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2 application – neighbouring tree – damage to property – damage to dividing fence – whether tree removal is required – orders for fence replacement and tree pruning
APPEAL – development application – subdivision of land – offer to enter into a planning agreement for dedication of land – contentions addressed by additional information – agreed conditions of consent
DEVELOPMENT APPLICATION – alterations and additions to an approved residential flat building –exceedance in height development standard – cl 4.6 written request to vary standard – provision of adequate communal open space
APPEAL – development application for water storage facility – characterisation – whether proposed development can be properly characterised as water storage facility – whether industrial activity – traffic safety issues
MODIFICATION APPLICATION – whether substantially the same development – the floor space ratio standard exceeded – the height standard is exceeded – whether the bulk and scale is acceptable – whether development as modified will establish undesirable precedent
DEVELOPMENT APPLICATION – mixed use development in R4 High Density Residential zone – residential apartment development – conciliation conference – agreement between parties – orders
DEVELOPMENT APPLICATION – Torrens title subdivision and construction of two dwellings – works in the public reserve requiring owner’s consent from Crown Lands – part of the site is mapped as littoral rainforest – the subdivision of the site is on land mapped as littoral rainforest – the proposal is designated development pursuant to s 2.7(2) of the State Environmental Planning Policy (Resilience and Hazards) 2021 and the development application is to be accompanied by an environmental impact statement pursuant to ss 4.10(1) and 4.12(8) of the Environmental Planning and Assessment Act 1979 – parties directed to file a revised set of agreed conditions that omit any reference to the approval of subdivision or subdivision works
DEVELOPMENT APPLICATION: shop top housing development in E1 Local Centre zone – whether development isolates adjoining site – whether exhibits design excellence
DEVELOPMENT APPLICATION – demolition of existing structures and construction of a new dwelling and swimming pool – exceedance of the height of buildings development standard
TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2 application – damage to neighbouring property – whether the tree has caused damage – actions taken by the parties – whether compensation should be paid – application refused
DEVELOPMENT APPLICATION – alterations and additions to existing commercial development in E1 Local Centre – whether consistent with the desired future character of the neighbourhood – height standard is exceeded – FSR standard is exceeded – conditions of consent are disputed
DEVELOPMENT APPLICATION – subdivision of land to create 61 lots – whether the development is appropriate given the split zoning of the proposed lots – determination of appropriate conditions of consent – appeal upheld
TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedge removed before hearing – do bananas form a hedge – if so, does hedge severely obstruct a view from a dwelling – damage to fence and unreasonable maintenance burden
DEVELOPMENT APPLICATION – demolition and construction of new dual occupancy development – amended plans and additional information – agreement between the parties – orders made
APPEAL – modification – application direct to Court – Court ordered consent at s 34 conference for child care centre – deletion of deferred commencement condition to create s 88K drainage easement over public school land – whether easement reasonably necessary – whether modified on site stormwater drainage system adequate – whether substantially the same development – unencumbered space in child care centre
APPEAL – development application – prospective building works – building information certificate – regularising building works undertaken without consent – conciliation conference – agreement between the parties – orders
APPEAL – development application – alterations and additions to existing Marina – adequacy of parking assessment – insufficient evidence – public interest
DEVELOPMENT APPLICATION – residential flat development in R3 Medium Density Residential zone – conciliation conference – agreement between parties – orders
TREES (DISPUTES BETWEEN NEIGHBOURS) – bamboo – whether land is adjoining – Pt 2 application – whether neighbouring bamboo has damaged property – whether bamboo should be pruned or removed – whether a root barrier should be installed – compensation – Pt 2A application – bamboo hedge – obstruction of views – whether the obstruction is severe – privacy – whether the bamboo should be pruned or removed
DEVELOPMENT APPLICATION – conciliation conference – residential property – bulk and scale – desired future character – landscaping – potential view loss – agreement between the parties – orders
DEVELOPMENT APPLICATION – telecommunications facility – amendment to the proposed location – additional information – agreement between the parties – orders made.
DEVELOPMENT APPEAL – service station – frontage on classified road – whether a right of way is a road – jurisdictional prerequisite as opposed to merit assessment –whether a deferred commencement condition can satisfy a jurisdictional prerequisite - orders
DEVELOPMENT APPLICATION: dwelling house development in R3 Medium Density Residential zone – conciliation conference – agreement between parties – orders
DEVELOPMENT APPLICATION: Residential apartment development – residential flat development in R3 Medium Density Residential zone – conciliation conference – agreement between parties – orders
DEVELOPMENT APPLICATION – seniors housing development – part of the site is flood affected land – the site is not suitable for the proposed development because a part sheltering in place strategy is not appropriate for seniors due to the vulnerability of the occupants and the likely duration of the isolation period
DEVELOPMENT APPLICATION – Torrens title subdivision and construction of two dwellings – works in the public reserve requiring owner’s consent from Crown Lands – part of the site is mapped as littoral rainforest – the subdivision of the site is on land mapped as littoral rainforest – the proposal is designated development pursuant to s 2.7(2) of the State Environmental Planning Policy (Resilience and Hazards) 2021 and the development application is to be accompanied by an environmental impact statement pursuant to ss 4.10(1) and 4.12(8) of the Environmental Planning and Assessment Act 1979
MODIFICATION APPLICATION – conversion of non-trafficable green roof to trafficable – heritage conservation area – conciliation conference – agreement between the parties – orders
REMEDIATION ORDER – conciliation conference – clearing of native vegetation and endangered ecological communities – agreement between the parties – orders
TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2 application – neighbouring tree – risk of damage or injury – whether tree removal is required – orders for pruning
DEVELOPMENT APPEAL – demolition and construction new three-storey dwelling house – steep land – height of building - conciliation conference – agreement between the parties - orders
DEVELOPMENT APPLICATION – residential apartment building – cl 4.6 written request – height of buildings – floor space ratio – agreement between the parties – orders
DEVELOPMENT APPLICATION – residential apartment development – residential flat building in R2 Low Density Residential zone – existing use – whether sufficient environmental planning grounds to justify contravention of height standard
DEVELOPMENT APPLICATION – secondary dwelling – alterations and additions – character – bulk and scale – privacy – landscaping – private open space – hearing
DEVELOPMENT APPLICATION – mixed use development – shop top housing in E1 Local Centre zone – conciliation conference – agreement between parties – orders
DEVELOPMENT APPLICATION – two residential flat buildings and associated site works – development capable of being delivered in two stages – site is to be amalgamated prior to issue of occupation certificate for the first stage
MODIFICATION APPLICATION – alterations and addition to an approved residential flat building – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPEAL – demolition – construction new dwelling house, pool and landscaping – conciliation conference – agreement between the parties – orders
TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2 application – damage to neighbouring property – whether the respondents’ trees have caused damage – application refused
TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2 application – damage to neighbouring property – whether the respondents’ trees have caused damage – whether tree removal is required – apportionment of costs of the works
DEVELOPMENT APPEAL – alterations and additions to residential flat building – contravention of wall height development standard – contravention of floor space ratio development standard – orders APPEAL – application directly to the court for approval to modify a consent – whether substantially the same – orders
DEVELOPMENT APPLICATION – semi-detached dwellings – Torens title subdivision – cl 4.6 written request – minimum subdivision lot size – floor space ratio – agreement between the parties – orders
MODIFICATION APPLICATION – alterations and additions to an approved building – boarding house - conciliation conference – agreement between the parties – orders
TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2A application – bamboo – obstruction of views – whether the obstruction is severe – privacy – whether the bamboo should be pruned or removed – whether a root barrier should be installed
DEVELOPMENT APPEAL – demolition – lot amalgamation – construction of residential flat building – affordable housing scheme – solar access - conciliation conference – agreement between the parties - orders
TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – sunlight to a window is not severely obstructed – slime and mould, and injury from spiders, are not covered by the jurisdiction
TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2 application – two mature fig trees – damage to neighbouring property – to what extent the trees caused any damage – whether tree removal is required – compensation – whether damage existed when the applicants purchased their property – whether the respondent could have prevented the damage – tree removal ordered – no compensation for damage
DEVELOPMENT APPLICATION – multi dwelling housing – cl 4.6 written request – height of buildings – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPEAL – subdivision into 2 lots – construct 2 new dwelling houses on each lot – conciliation conference – agreement between the parties - orders
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – damaged wall – neighbouring trees – whether the trees contributed to damage – whether the applicant has demonstrated causation – other causes of property damage – application refused
APPEAL – development application for alterations and additions to an existing dwelling house – conciliation conference – agreement reached – orders made
ENCROACHMENT OF BUILDINGS – retaining wall encroaching on applicant’s land – retaining wall failing and should be removed – retaining wall benefits both landowners and should be reconstructed on the shared boundary
DEVELOPMENT APPLICATION – alterations and additions to an existing dwelling – breach in height development standard – written request for variation in development standard – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – concept development application – demolition – subdivision – certain construction works – certain tree removal – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPEAL – construction of commercial building with basement parking and gym – conciliation conference – agreement between the parties - orders
TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2A application – two neighbouring hedges – obstruction of views and sunlight – whether the obstruction is severe – background material – whether the applicants have lost sunlight and views
APPEAL – development application – consent sought for construction of student accommodation buildings, a multi-purpose hall and associated works at Frensham School – deemed refusal – amended application renotified – objectors’ submissions – commencement at Frensham School with objector submissions, inspection of site of proposal and observation of areas to south including upper Holt – whether site is core koala habitat – change to conservation status of koala – Biodiversity Development Assessment Report (BDAR) – Flood Emergency Response Plan (FERP) – impacts on platypus – water quality assessment is not required to be met – nature of vegetation on site – establishment of Asset Protection Zones – managing bush fire risk – bush fire evacuation plan – whether the proposal is appropriate given biodiversity and other values – agreed conditions imposed
APPEAL – development application – grant of consent subject to conditions concerning a tree – conciliation conference – agreement reached – orders made
DEVELOPMENT APPEAL – residential development – masonry retaining wall and dividing fence – foreshore area– compatibility with surrounding area – orders
DEVELOPMENT APPLICATION – multi dwelling housing – desired future character – front setback configuration – streetscape presentation – visual privacy – non-compliance with the minimum lot size for multi dwelling housing
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – row of trees along boundary wall – whether the trees have caused damage – whether the trees are likely to cause damage – application refused
DEVELOPMENT APPLICATION: semi detached dwelling development in R1 – General Residential zone – conciliation conference – agreement between parties – orders
DEVELOPMENT APPLICATION – subdivision of land to create Torrens title residential lots – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPEAL – demolition – construction of detached dual occupancy – Torrens title subdivision - conciliation conference – agreement between the parties - orders
VALUATION OF LAND – appeal against valuations by Valuer-General – s 6A(1) of Valuation of Land Act 1916 (NSW) – conciliation conference – agreement between the parties
DEVELOPMENT APPLICATION – amend a development consent – residential flat building – contravention of the height of buildings development standard – impact on the heritage significance of the adjoining heritage conservation area
DEVELOPMENT APPLICATION: storage facility and commercial premises in E3 Productivity Support zone – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION: residential apartment development – residential flat building in R4 High Density Residential zone – public submissions are considered – orders by consent
TREES (DISPUTES BETWEEN NEIGHBOURS) – Trees adjacent boundary – repeated pipe blockages – are respondent’s trees causing damage – s 12 considerations – compensation ordered
DEVELOPMENT APPLICATION – residential apartment building – cl 4.6 written request – height of buildings – floor space ratio – agreement between the parties – orders
DEVELOPMENT CONSENT – stratum subdivision of 1 lot into 2 lots – FSR – city high rise building - applicability of cl 4.6 variation of development standard – orderly and economic use and development of the land
TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2 application – risk of damage and injury from two neighbouring trees – whether the application was served on the respondent – trees partly removed prior to the hearing
DEVELOPMENT APPEAL – staged development – construction of new buildings and associated works – continued use as a cemetery and crematorium - upgrade to access to classified road – conciliation conference – agreement between the parties – orders
APPEAL – modification application – alterations and additions to existing professional consulting rooms (chiropractor) – conciliation conference – agreement between the parties - orders
JOINDER —application for joinder — statutory tests — issues proposed to be raised by applicants for joinder —public interest – Double Bay Marina order – application for joinder dismissed.
DEVELOPMENT APPLICATION – mixed use development – development application seeks consent for alterations and additions to the approved mixed-use development – conciliation conference – agreement between the parties – orders made.
APPEAL – development application – shop top housing development with basement parking – conciliation conference – agreement between the parties – orders
APPEAL – development application – construction and use of a 10MW solar farm and associated infrastructure – Mid-Western Regional Local Environmental Plan (Transport and Infrastructure) (Map Amendment No 1) – State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.42(2) and (3) – whether the development is located to avoid significant conflict with existing or approved residential or commercial uses of land surrounding the development and is unlikely to have a significant adverse impact on the regional city’s scenic quality and landscape character – visually sensitive land near Mudgee – Mid-Western Regional Local Environmental Plan 2012, cl 6.10 – whether the proposed development will complement the visual setting forming the backdrop to Mudgee and will be designed, set back and sited to respond sympathetically to the landform of the site on which the development is proposed to be carried out and will minimise visual intrusion
DEVELOPMENT APPEAL – modification application– boarding house – increase number of rooms – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – construction of a new dwelling – breach in height development standard – written request for variation in development standard – conciliation conference – agreement between the parties – orders