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 – abuse of purpose of the Trees Act
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
MODIFICATION APPLICATION - s 4.55(8) application to the Court to modify a development consent granted by the Court – deletion of toe levels of basement parking – change to floor plans to reduce the number of managers rooms – changes to architectural presentation of the proposed building – amendment to design of proposed communal spaces – impacts of the proposed development.
DEVELOPMENT APPLICATION – centre based childcare centre – joint expert conferences – merit concerns resolved with amended plans and additional information – agreed orders to effect final outcome in the proceedings
DEVELOPMENT APPLICATION — Alterations and additions to a residential dwelling — amended plans and supporting documents — conciliation conference — agreement between the parties — orders made.
TREES (DISPUTES BETWEEN NEIGHBOURS) — hedges — sunlight — whether trees that were not planted to form a hedge can become part of a hedge — obstruction not severe — application dismissed
APPEAL – highway service centre – business identification sign – whether signage is business identification sign – whether visual impact – whether visual clutter
DEVELOPMENT APPLICATION – development application for a long term Caravan park and associated infrastructure – concurrent application for water and sewer works – whether the development is characterised as development for the purpose of a manufactured home estate and therefore prohibited – whether the proposal is likely to have a significant and unacceptable impact on the local populations of koala – whether there are adequate arrangements for the provision of sewer services – appeal dismissed
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – damage caused by neighbouring trees – repairs to property – tree removal – who should pay for the works – the tree was there first
TREES (DISPUTES BETWEEN NEIGHBOURS) — whether damage to retaining wall caused by tree — apportionment of costs of rectification — whether a retaining wall is a dividing fence
APPEAL – development application – two-storey residential addition above an existing building commercial building – contravention of development standard for height of building – clause 4.6 variation
DEVELOPMENT APPLICATION: subdivision of land in C2, C3 and R5 zone – biodiversity values of site – whether biodiversity Development Assessment Report adequate – whether development avoids and minimises impacts – whether serious and irreversible impacts – flood management – assessment of off-site impacts – bush fire protection
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – fig tree that caused damage has been removed – application to remove neighbouring bamboo – application for repairs to property – whether trees have damaged or are likely to damage property – whether the respondents could have reasonably prevented the damage – orders to remove bamboo and repair fence – Pt 2A application – neighbouring bamboo hedges – obstruction of sunlight – Pt 2A application not pressed
TREES (DISPUTES BETWEEN NEIGHBOURS) – likelihood of future damage claimed – jurisdiction does not apply to risk of injury from undertaking pruning – application refused
APPEAL – development application –detached dwelling house with rooftop terrace and swimming pool – conciliation conference – agreement reached – orders made
APPEAL – development application – alterations and additions to an existing building – change of use to secondary dwelling – conciliation conference – agreement reached – orders made
DEVELOPMENT APPLICATION – alterations and additions to an existing dual occupancy development – conciliation conference – amended plans and materials – agreement between the parties – orders made
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – application to remove neighbouring tree – whether the tree has damaged or is likely to damage property – whether the tree is likely to cause injury – whether tree removal is required – the tree was there first – whether dwelling was constructed according to approved plans – who should pay for works – Pt 2A application – neighbouring tree – obstruction of sunlight – no jurisdiction for single tree
DEVELOPMENT APPLICATION – mixed use residential apartment building development – cl 4.6 written request – height of buildings – agreement between the parties – orders
APPEAL – development application for subdivision – development application for storage facility – no contentions remaining concerning the storage facility application – issue in subdivision concerning isolation of contaminated land – whether deferred commencement condition should be imposed
DEVELOPMENT APPLICATION – multi-dwelling housing and alterations and additions to an existing Victorian villa – heritage item – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – alterations and additions to a residential flat building – change of use of ground floor to a centre based childcare centre – conciliation conference – amended plans and materials – agreement between the parties – orders made
DEVELOPMENT APPLICATION: subdivision of land – dwelling house development in R3 Medium Density Residential zone – biodiversity impact assessment – orders
APPEAL – appeal against grant of development consent subject to conditions – dwelling house – conciliation conference – agreement reached – orders made
TREES (DISPUTES BETWEEN NEIGHBOURS): damage to sewer pipes – orders for removal of Fig tree – no damage by hedge proven – applicant failed to maintain own property – high hedges – sunlight is severely obstructed – hedge similar height upon applicant’s occupation – orders for pruning of hedge thus contrary to scope of Pt 2A – respondent values privacy and aesthetics – undesirability of interfering with the trees outweighs the applicant's interest in having the obstruction removed or remedied
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring trees – overhanging branches – burden of pruning neighbour’s hedge – damage to the applicants’ property – injury while maintaining trees is not injury caused by the trees – application refused
DEVELOPMENT CONTROL ORDER APPEAL — unauthorised works — modifying order to stop use demolish works and restore works — conciliation conference — agreement between the parties — orders
DEVELOPMENT APPEAL – modification of consent – child care centre - increase in number of children – substantially the same development - conciliation conference – agreement between the parties - orders
DEVELOPMENT APPLICATION – Mixed use development – streetscape – character – contamination – parking – traffic – amenity – height – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – residential flat building – site width development standard – impact on heritage items – scale and bulk – conciliation conference – agreement between the parties
DEVELOPMENT APPEAL – residential – alterations and additions – cl 4.6 written request to justify contravention of floor space ratio development standard – cl 4.6 written request to justify contravention of site coverage development standard – conciliation conference – agreement between the parties – orders
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring tree – damage to the applicant’s property – the respondent wants to remove the tree – orders for pruning and compensation
DEVELOPMENT CONTROL ORDER APPEAL – unauthorised works – demolish works order – conciliation conference – agreement between the parties – orders DEVELOPMENT CONTROL ORDER APPEAL – unauthorised works – restore works order – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPEAL – multi storey - centre based child care facility – car parking – car stacker – landscaping - design excellence – insufficient information
DEVELOPMENT APPLICATION – subdivision – construction of new dwelling – conciliation conference – amended plans and additional 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
DEVELOPMENT APPLICATION: proposed signage structure and digital advertisement display – whether the signage is compatible with the desired amenity and visual character of the area – whether road safety is adversely affected
TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – severe obstruction of sunlight to windows of a dwelling – privacy important to respondent – orders balance both parties’ needs
TREES (DISPUTES BETWEEN NEIGHBOURS) high hedges —¬¬ severe obstruction of view from a dwelling — privacy important to respondent — orders provide a balance between both parties’ preferences
DEVELOPMENT APPEAL – residential development – off street parking hard stand – Australian standards and assessment of on street parking – expert evidence – public interest – precedent – character and streetscape presentation – orders
MODIFICATION APPLICATION – concept consent – stage two consent – alterations and additions – commercial building – agreement between the parties – orders
DEVELOPMENT APPLICATION – continued use of an existing orchard and construction of orchard netting – view sharing principles – impacts on adjacent heritage item
DEVELOPMENT APPEAL – Torrens title subdivision and construction of internal road and associated works – planning for bushfire safety – conciliation conference – agreement between the parties – orders
TREES (DISPUTES BETWEEN NEIGHBOURS) –Pt 2 application – neighbouring tree – damage to property – history of branch failure – who owns the tree – tree removal – who should pay for the works
DEVELOPMENT APPLICATION – application seeking development consent for the use of existing shed – conciliation conference – agreement between the parties – orders BUILDING INFORMATION CERTIFICATE – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – subdivision and development of part of the site for fast food outlets, new road access, tree removal and associated works – conciliation conference – amended plans and information – agreement between the parties – orders made
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring tree damaging boundary fence – whether tree removal is required – orders for tree pruning and fencing works
DEVELOPMENT APPEAL – residential development – alterations and additions – conciliation conference – agreement between the parties – orders BUILDING INFORMATION CERTIFICATE APPEAL – orders
MODIFICATION APPLICATION – application made directly to the Court – conciliation conference – residential flat building – agreement between the parties – orders
DEVELOPMENT APPEAL – residential development – alterations and additions while maintaining existing building envelope - conciliation conference – agreement between the parties - orders
APPEAL – development control orders – both orders revoked by the Council – the subject matter of each appeal has been lost – signed consent orders – proceedings dismissed
DEVELOPMENT APPEAL – residential development – new vehicular access to existing garage – conciliation conference – agreement between the parties – orders
APPEAL – development application – stage 1 of a concept development consent – modification application concerning concept development consent – conciliation conference – agreement reached in both matters – orders made
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – debris falling from neighbouring tree – risk of damage – risk of injury – whether allergy has been demonstrated – application refused
DEVELOPMENT APPEAL – modification application – mixed use building – substantially the same development - conciliation conference – agreement between the parties - orders
DEVELOPMENT APPEAL – excavation under existing 4 storey house to extend garage and build underground tunnel to rear of house – install vertical lift from tunnel to rear of house – steep land – earthworks – geotechnical hazard – proximity to Bungan Head cliff and ‘environmentally sensitive area’ – site suitability – whether excavation excessive – whether impacts unacceptable – desired future character – Newport Locality statement in DCP – reduced landscape area – public interest
DEVELOPMENT APPEAL – mixed use development – justification of contravention of development standards - 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 APPLICATION – centre based childcare centre – joint expert conferences – merit concerns resolved with amended plans and additional information – contention that the appeal was lodged prior to the right to appeal arose – appeal not competent.
DEVELOPMENT APPLICATION – demolition of existing structure and construction of shop top housing – conciliation conference – amended plans and materials – agreement between the parties – orders made.
APPEAL – development application – residential flat building – contentions resolved – appropriate conditions of consent – whether conditions should be imposed requiring creation of right of carriageway or restriction as to user
DEVELOPMENT APPLICATION – partial demolition and alterations and additions to an existing dwelling – conciliation conference – amended plans and documents – agreement between the parties – orders made
MODIFICATION APPLICATION – application directly made to Court – residential flat building – conciliation conference – agreement between the parties – orders