MODIFICATION APPLICATION — residential apartment development in R3 Medium Density Residential zone — whether substantially the same — 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 – residential apartment building development – in-fill affordable housing – cl 4.6 written request – minimum landscaped area – agreement between the 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
MODIFICATION APPLICATION – whether development is substantially the same development – retention of heritage fabric – reasons given for the grant of consent sought to be modified
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.
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
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
APPEAL – development control order – demolish works order and restore works order – works to heritage item – conciliation conference – agreement reached – orders made
DEVELOPMENT APPEAL — remitted matter — community title subdivision — justification of contravention of minimum subdivision lot size development standard — orders
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring trees – risk of damage – application refused – Pt 2A application – obstruction of sunlight – sunlight refers to direct sunlight – application refused
DEVELOPMENT APPLICATION – appeal – hard rock quarry – State significant development –pedestrian safety – traffic safety – traffic flow – uncertainty of impacts of intended road improvements – social baseline – negative social impacts related to quarry product road haulage – negative amenity impacts of quarry product road haulage – feasibility of rail haulage – economic benefits of the quarry – strategic benefits of quarry to major infrastructure – negative consequences outweigh benefits – insufficient information
APPLICATION – modification application made directly to the Court – application to modify a consent for a residential flat building – conciliation conference – agreement reached – orders made
MODIFICATION APPLICATION – modification of a development consent for a residential flat building – 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
MODIFICATION APPLICATION – alterations and additions – shop top housing development – residential apartment development – agreement between the parties – orders
DEVELOPMENT APPLICATION — demolition and construction of industrial units and self storage — conciliation conference — agreement between the parties — orders made
DEVELOPMENT APPLICATION – demolition and construction of a five-storey mixed use commercial building including hotel – conciliation conference – amended plans and documents – agreement between the parties – orders made
DEVELOPMENT APPLICATION – subdivision and works – industrial – conciliation – additional information and amended development application – agreement between the parties – orders made
MODIFICATION APPLICATION – modification application for amendment to the approved residential dwelling – amendments to conditions – conciliation conference – agreement between the parties – orders
MODIFICATION APPLICATION – modification of a development consent for a residential dwelling – conciliation conference – amended plans and documents – agreement between the parties – orders made
DEVELOPMENT APPLICATION – demolition of structures and construction of a residential apartment building – conciliation – additional information and amended development application – agreement between the parties – orders made
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring tree – risk of damage or injury – risk of tree failure – whether tree removal is required
DEVELOPMENT APPLICATION – change of use from 32 room boarding house to 4 dwellings – the proposed change of use would result in the unacceptable loss of affordable rental boarding house accommodation in the local area – the existing boarding house could be viable and able to achieve a reasonable return following the renovation works
APPEAL – development application – detached dwelling house with swimming pool – integrated development – conciliation conference – agreement reached – orders made
DEVELOPMENT APPLICATION — demolition of existing structures and construction of a mixed use development — conciliation conference — amended plans and materials — agreement between the parties — orders made
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 APPLICATION — alterations and additions to an existing terrace house — amended plans — conciliation — agreement between the parties — orders made
APPLICATION — encroachment — application under the Encroachment of Buildings Act 1922 concerning multiple structures — whether structures are encroachments — discretion as to whether orders should be made
DEVELOPMENT APPLICATION — demolition and construction of a residential flat building — amended plans and documents — conciliation conference — agreement between the parties — orders made
DEVELOPMENT APPEAL – alterations and additions to boarding house - existing use rights – justification of contravention of floor space ratio development standard - conciliation conference – agreement between the parties - orders
DEVELOPMENT CONTROL ORDER APPEAL – demolish works order – restore works order – self represented litigants – compliance with BCA – works adjacent sensitive water way – conciliation conference – agreement between the parties to modify the development control order – orders
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
DEVELOPMENT APPLICATION – alterations and additions to an existing dual occupancy development – conciliation conference – amended plans and materials – agreement between the parties – orders made
DEVELOPMENT APPLICATION – residential apartment development – residential flat building – centre-based childcare facility – mixed us development in R4 high density residential development – conciliation conference – agreement between parties - orders
APPEAL – building information certificate – 6.26 request - is the application amended – information requested by Council - notional development application – floor space ratio - stormwater – landscaping – inadequate information – inconsistent information
MODIFICATION APPLICATION – appeal against the terms of a modified development consent – proposal to add a garage structure, a pergola over an approved terrace and to raise the level of the swimming pool and surrounding structures