TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – whether neighbouring trees have caused or are likely to cause damage – Pt 2A application – obstruction of sunlight and views – whether the obstruction is severe – direct sunlight
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – neighbouring trees – adjoining land – whether the trees are planted to form a hedge – obstruction of views – application refused
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring trees – damage to property – sewer pipe – no orders for compensation – orders to remove one tree
TREES (DISPUTES BETWEEN NEIGHBOURS) –compromised tree overhanging applicants’ land – nuisance caused by falling debris – wall damaged by tree – apprehension of additional damage and risk of injury – parties agree to tree removal
DEVELOPMENT APPLICATION – concept development application – caravan park development in RU2 Rural Lands zone – conciliation conference – agreement between parties – orders
DEVELOPMENT APPLICATION – multi dwelling housing development – cl 4.6 written request – minimum lot area and dimensions – agreement between the parties – orders
DEVELOPMENT APPLICATION – alterations and additions – commercial building – cl 4.6 written request – height of buildings – agreement between the parties – orders
DEVELOPMENT APPLICATION – semi-detached residential dwellings – cl 4.6 written request – height of buildings – floor space ratio – agreement between the parties – orders
DEVELOPMENT APPLICATION – semi-detached residential dwellings – cl 4.6 written request – height of buildings – minimum lot size – agreement between the parties – orders
DEVELOPMENT APPLICATION – hotel suite accommodation development – cl 4.6 written request – height of buildings – agreement between the parties – orders
DEVELOPMENT APPLICATION – residential apartment building development – in-fill affordable housing – cl 4.6 written request – minimum landscaped area – agreement between the parties – orders
DEVELOPMENT APPLICATION – residential apartment building development – cl 4.6 written request – height of buildings – agreement between the parties – orders
DEVELOPMENT APPLICATION — co-living development — heritage conservation area — effect of the proposed development on heritage conservation area — whether proposed development exhibits design excellence
MODIFICATION APPLICATION — modification of development consent for alterations and additions to an existing boarding house — conciliation conference — agreement between the parties — orders
DEVELOPMENT APPLICATION: demolition of existing structures and construction of a residential flat building – conciliation conference – amended plans and documents – agreement between the parties – orders made.
JOINDER — application for joinder — statutory tests — issues proposed to be raised by applicant for joinder — public interest – application for joinder granted
DEVELOPMENT APPLICATION — child care centre for 73 children and ancillary works — conciliation conference — amended plans and documents — agreement between the parties — orders made.
MODIFICATION APPLICATION – modification of consent originally granted by the Court – conciliation conference – residential flat building – agreement between the parties – orders.
MODIFICATION APPLICATION — residential apartment development in R3 Medium Density Residential zone — whether substantially the same — conciliation conference — agreement between parties — orders
TREES (DISPUTES BETWEEN NEIGHBOURS) — Pt 2A application — neighbouring hedge — obstruction of a view — whether Pt 2A of the Trees Act applies to the trees — trees are principally situated on land vested in a council — whether the obstruction is severe — application refused
DEVELOPMENT APPLICATION – demolition of existing structures construction of new residential dwelling with basement parking, swimming pool, landscape and drainage works – amended architectural plans and additional documentation – agreement between the parties – orders made
APPEAL – modification application – mixed use development comprising a shop and shop top housing – conciliation conference – agreement reached – orders made
DEVELOPMENT APPLICATION — conciliation conference — amended plans and documents —agreement between the parties — orders made BUILDING INFORMATION CERTIFICATE — conciliation conference — agreement between the parties — orders
TREES (DISPUTES BETWEEN NEIGHBOURS) — Pt 2 application — neighbouring trees — risk of damage to property — orders for tree pruning and removal – orders for compensation – orders for further tree testing.
MODIFICATION APPLICATION — s 4.55(8) application to the Court to modify a development consent granted by the Court — conciliation conference — agreement between the parties — orders
MODIFICATION APPLICATION – whether development is substantially the same development – retention of heritage fabric – reasons given for the grant of consent sought to be modified
APPEAL: building information certificate – modification application – whether substantially the same – conciliation conference – agreement between the parties - orders
APPEAL – development application – demolition of dwelling and construction of dual occupancy – conciliation conference – agreement reached – orders made
DEVELOPMENT APPLICATION – residential apartment building development – cl 4.6 written request – height of building – in-fill affordable housing – agreement between the parties – orders
DEVELOPMENT APPEAL – s34AA - orders – swimming pool and double garage with loft - impacts on tree in adjacent Council reserve – insufficient evidence on stormwater infrastructure
TREES (DISPUTES BETWEEN NEIGHBOURS) — Pt 2 application — neighbouring trees — damage to paving, boundary fence and clothesline — whether tree removal is required — whether the applicant has suffered a loss — orders for tree pruning and fencing works
APPEAL — development application — alterations and additions to existing hotel and golf course, creation of a tourism and recreation precinct, subdivision for 76 single dwelling residential lots and one lot for multi-dwelling housing — bushfire risk — whether compliance with general terms of approval relating to bushfire — secondary emergency evacuation route — experts satisfied in relation to ecology, flooding, hydrogeology contentions – considerable lay objections
DEVELOPMENT APPEAL – subdivision of land – Community title subdivision – native vegetation retention area – native vegetation protection – asset protection zones – infill development – deferred commencement condition
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – numerous neighbouring trees – risk of damage – order to remove one tree – Pt 2A application – obstruction of sunlight and views – obstruction not severe
DEVELOPMENT APPEAL – modification of consent for residential development – minimal or no environmental impact - conciliation conference – agreement between the parties - orders
DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders BUILDING INFORMATION CERTIFICATE - conciliation conference – agreement between the parties – orders DEVELOPMENT CONTROL ORDER – conciliation conference – agreement between the parties - orders
APPEAL – development control order – dispute about terms of modified order APPEAL – development application – temporary use of land for functions – conciliation conference – agreement reached – orders made APPEAL – development control order concerning rural workers dwelling – conciliation conference – agreement reached – orders made
DEVELOPMENT APPLICATION — residential flat building in R1 Density Residential zone — residential apartment development — whether reduction in affordable housing — conciliation conference — agreement between parties — orders
JOINDER — application for joinder — statutory tests — issues proposed to be raised by applicant for joinder — interest of justice – application for joinder refused.
Notice of Motion – application under UPCR r 36.16 to vary the orders made by the Court on 19 June 2025 in Etherington v North Sydney Council [2025] NSWLEC 1444
DEVELOPMENT APPEAL – new dwelling house – building envelope – setbacks – storeys – floor space ratio – variation to development standard – written request
APPEAL – modification application – modification of a dwelling consent – modification to the roof pitch, lift overrun and window opening – whether appropriate in context
DEVELOPMENT APPLICATION: residential apartment development – residential flat building in R4 high Density Residential zone – stormwater management – orders
JOINDER —application for joinder — statutory tests — issues proposed to be raised by applicant for joinder — interest of justice – application for joinder granted.
TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2 application – neighbouring tree – creeping fig – whether the tree is on adjoining land – damage to property – damage to dividing fence – whether tree removal is required – orders for fencing works
TREES (DISPUTES BETWEEN NEIGHBOURS) — Pt 2 application — neighbouring tree — damage to property — ex parte hearing — zoning of land — orders for tree removal
MODIFICATION APPLICATION — s 4.55(8) application to the Court to modify a development consent granted by the Court — conciliation conference — agreement between the parties — orders
DEVELOPMENT CONTROL ORDER APPEAL — demolish works order — compliance order — stop use order — self represented litigant — conciliation conference — agreement between the parties to modify the development control order — orders
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – neighbouring hedge – obstruction of sunlight and views – whether the obstruction is severe – orders for tree removal – orders for planting and maintaining replacement trees
DEVELOPMENT APPLICATION — dwelling house development in R2 Low Density Residential zone — effect of proposed development on heritage conservation area — conciliation conference — agreement between parties — orders
DEVELOPMENT APPLICATION – concept development application – stage one development application – Aerotropolis – industrial subdivision – role of designing with country and landscape led design controls in the Western Sydney Aerotropolis Precinct Plan – design excellence – appeals dismissed
DEVELOPMENT APPLICATION – alterations and additions to shop top housing in E3 Productivity Support zone – conciliation conference – agreement between parties - orders
DEVELOPMENT APPLICATION – remediation order – unauthorised clearing of native vegetation – conciliation conference – agreement between the parties – orders
APPEAL — development application — alterations to dual occupancy and change of use to a dwelling house — conciliation conference — agreement reached — orders made
DEVELOPMENT APPLICATION – heritage conservation – the effect of the proposed development on heritage significance of an item – whether exhibits design excellence
DEVELOPMENT APPLICATION — alterations and additions to shop top housing development — height standard is exceeded — whether development exhibits design excellence
DEVELOPMENT APPLICATION – mixed use development – co-living housing pursuant to Chapter 3, Part 3 of State Environmental Planning Policy (Housing) 2021 – conciliation conference – agreement between the parties - orders
DEVELOPMENT APPLICATION: alterations and additions to existing dual occupancy – change of use to a single residential dwelling – conciliation conference – agreement between the parties – orders made.
DEVELOPMENT APPLICATION – amended plans and documents - demolition and construction of a two-storey co-living housing development –agreement between the parties – orders made.
APPEAL — development application — dwelling house — contentions resolved — appropriate conditions of consent — whether affordable housing contribution should be imposed
DEVELOPMENT APPLICATION – demolition and use of existing structures – amended plans and materials – conditions of consent in dispute – appeal upheld BUILDING INFORMATION CERTIFICATE – seeking to regularise structures on the land – no power to amend building information certificates – agreed expert evidence of no utility – appeal dismissed
DEVELOPMENT APPLICATION – demolition, subdivision and construction of two semi detached dwellings – amended plans and documents - agreement between the parties – orders made.
DEVELOPMENT APPEAL – use of existing outbuilding as a restaurant – tree removal – road re-alignment – conciliation conference – agreement between the parties – orders
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring trees – risk of injury – application refused – Pt 2A application – obstruction of views – obstruction not severe – application refused
TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to a ceramic pot – apprehension of further damage and injury – nuisance caused by debris from tree – both parties seek tree removal
DEVELOPMENT APPLICATION – residential apartment building development – clause 4.6 written request – floor space ratio – agreement between the parties – orders
DEVELOPMENT APPEAL – modification application – consent for 199 lot Torrens title subdivision – changes to indicative layout plan substantially the same development – conciliation conference – agreement between the parties – orders