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
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
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
PRACTICE AND PROCEDURE – Notice of Motion to set aside a Notice to Produce – Apparent relevance – Legitimate forensic purpose – Notice of motion dismissed – Access granted
DEVELOPMENT APPEAL – residential development – demolition of existing dwelling – secondary dwelling – development on coastal land – flood planning – compliant BASIX certificate – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – centre-based child care facility in R3 Medium Density Residential zone – conciliation conference – agreement between parties – orders
DEVELOPMENT APPLICATION – residential accommodation for 83 co-living rooms – conciliation conference – amended plans and information – agreement between the parties – orders made
DEVELOPMENT APPEAL – residential development – Torren title subdivision – minimum lot size development standard – flooding and stormwater drainage – deferred commencement condition - conciliation conference – agreement between the parties - orders
TREES (DISPUTES BETWEEN NEIGHBOURS) – Roots damaging common boundary fence and paved path – apprehension of further damage – s 12(h) damage impacted by applicants’ omissions
DEVELOPMENT APPEAL – residential development – flood impacts – weight to be given to zone objectives – bulk and scale – contravention of height development standard – adequacy of the written request
DEVELOPMENT APPEAL – commercial – serviced apartments – centre-based child care centre – conciliation conference – agreement between the parties - orders
APPEAL – subdivision application including subdivision works – urban release area – direction made in earlier decision for the first plan of subdivision to be amended – direction complied with – final orders made
TREES (DISPUTES BETWEEN NEIGHBOURS) – damage – whether damage to retaining wall caused by tree – apportionment of costs of rectification – whether a retaining wall is a dividing fence
MODIFICATION APPLICATION – application directly made to Court – residential care facility - conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – alterations and additions to existing dwelling in heritage conservation area – conciliation conference – agreement between parties - orders
DEVELOPMENT APPLICATION – whether development permissible in B6 Enterprise Corridor zone – whether jurisdictional preconditions are satisfied – signage is consistent with objectives of Chapter 3 – signage satisfies assessment criteria in Schedule 5
DEVELOPMENT APPLICATION – part 4 storey and part 5 storey mixed use development including co-living – integrated development – conciliation conference – agreement between the parties – orders
MODIFICATION APPLICATION – application directly made to Court – mixed use development - conciliation conference – agreement between the parties – orders
DEVELOPMENT APPEAL – alterations and additions to existing car parking building – 24 hour gymnasium – bulk and scale – contravention of height and floor space ratio development standards – adequacy of the written requests
DEVELOPMENT APPLICATION: demolition of existing structures – heritage conservation area – contributory item – site contamination – structural damage to dwelling – conciliation - amended plans and information – agreement between the parties – orders made
DEVELOPMENT APPLICATION – dual occupancy – single dwelling house – subdivision – cl 4.6 written request – height of buildings – agreement between the parties – orders
DEVELOPMENT APPLICATION – construction of a two storey 107-place childcare centre – conciliation agreement – agreement between the parties – orders made.
TREES (DISPUTES BETWEEN NEIGHBOURS) –overhanging branches – leaves falling onto roofs and into gutters – damage to timber fence – apprehension of further damage, and of injury
DEVELOPMENT APPLICATION: alterations and additions to heritage item – appeal against conditions of consent – height is exceeded – effect of proposed development on heritage significance
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – whether trees have damaged or are likely to damage property – Pt 2A application – neighbouring hedge – whether the trees are planted so as to form a hedge
DEVELOPMENT APPLICATION – application seeking development consent for the use of internal alterations to the existing boat shed – conciliation conference – agreement between the parties – orders BUILDING INFORMATION CERTIFICATE – conciliation conference – agreement between the parties – orders
APPEAL – Development Application – Development Control Order – unauthorised works on council land – conciliation conference – agreement between the parties – modified development control order
DEVELOPMENT APPLICATION: dwelling house development in C4 Environmental Living zone – alterations and additions to dwelling in conservation zone – conciliation conference – agreement between parties - orders
DEVELOPMENT APPEAL – residential flat building – whether contravention of maximum height of building development standard is justified – conciliation conference – agreement between the parties - orders
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application concerning damage and injury – neighbouring trees – damage to fence and retaining wall – risk of damage and injury – whether tree removal is required – who is responsible for the works
DEVELOPMENT APPEAL – centre-based child care centre – character – car parking area – site coverage – leave not granted for new contention – leave not granted for amended development application
DEVELOPMENT APPLICATION: residential apartment development – residential flat building in R1 General Residential zone – effect on heritage conservation area
DEVELOPMENT APPLICATION – residential apartment building – cl 4.6 written request – height of building – floor space ratio – building separation – agreement between the parties – orders
DEVELOPMENT APPLICATION – Shop top housing development in E1 Local Centre zone – height standard is exceeded – conciliation conference – agreement between parties – orders
APPEAL – modification application – modification of a development consent granted by the Court – conciliation conference – agreement reached – orders made
DEVELOPMENT APPLICATION: residential apartment development – residential flat building in R4 High Density Residential zone – conciliation conference – agreement between parties – orders
TREES (DISPUTES BETWEEN NEIGHBOURS) – tree structurally deteriorating – damage caused by branch failure – apprehension of further damage and risk of injury to persons – tree removal ordered