DEVELOPMENT APPLICATION – alterations and additions to dwelling house – heritage conservation area – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION — demolition of existing structures and construction of a new shop top housing development — conciliation conference — amended plans and documents – amended development application — agreement between the parties — orders made
DEVELOPMENT APPEAL — conciliation conference — cl 4.6 variation of minimum subdivision lot size development standard — agreement between the parties — orders
DEVELOPMENT APPLICATION – substantial alterations and additions to the dwelling – amended application – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – shop top housing development – cl 4.6 written request – height of building – landscaped area – car parking – in-fill affordable housing – agreement between the parties – orders
DEVELOPMENT APPLICATION – development of rainwater gardens/detention basins in flood liable land within a regulated catchment – s 6.8 of State Environmental Planning Policy (Biodiversity and Conservation) 2021 engaged – if there is a flood, whether that results in a release of pollutants that may have an adverse impact on the water quality of the natural waterbody being the Georges River
DEVELOPMENT APPEAL – residential development – demolition of existing dwelling and construction of two dwellings – tree removal – Torrens title subdivision – stormwater management – deferred commencement condition - conciliation conference – agreement between the parties - orders
DEVELOPMENT APPEAL – construction of multi-dwelling housing (terraces) not in accordance with complying development certificate – no approval for use of constructed attached dwellings – unauthorised works - consent sought for partial demolition - consent sought for alterations and additions – consent sought for use of residential dwellings – consent sought for new landscaping – merit assessment – whether jurisdictional prerequisite enlivened by contravention of development standards - orders BUILDING INFORMATION CERTIFICATE APPEALS – unauthorised works – scope of application - insufficient information – further works required - inability to amend or modify a building information certificate application – no power of court to direct schedule of works - orders
VALUATION APPEAL – whether the land value is too high – s 6A of the Valuation of Land Act 1916 (NSW) – s 6A(2) “Land Improvements” the correct value to be attached to Land Improvements
DEVELOPMENT APPLICATION: lot consolidation, demolition and construction of a new childcare centre – conciliation conference – amended plans and documents – agreement reached – orders made
DEVELOPMENT APPLICATION – demolition and construction of a new two storey residential dwelling – conciliation conference – amended plans and documents – 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
TREES (DISPUTES BETWEEN NEIGHBOURS) — Pt 2 application — damage caused by neighbouring trees — ivy on the dividing fence — whether ivy is on adjoining land — whether damaged property is on the applicant’s land — whether the ivy needs to be removed — whether the fence needs repair or replacement — who should pay for the works
DEVELOPMENT APPLICATION — centre-based childcare facility, basement carparking and landscape works — conciliation conference — agreement between the parties — orders
TREES (DISPUTES BETWEEN NEIGHBOURS) — Pt 2 application — property damaged by neighbouring tree — whether further damage is likely – whether the situation requires orders from the Court
DEVELOPMENT APPLICATION: Tourist & Visitor Accommodation in RU2 Rural Landscape zone - Restaurant and Function Centre – conciliation conference – agreement between parties - orders
DEVELOPMENT APPLICATION: alterations and additions to dwelling house – impact on heritage significance of an item – heritage conservation area – conciliation conference – agreement between parties - orders
APPEAL — new maintenance shed, office building and parking facilities for existing hatchery — conciliation conference — agreement reached — orders made
DEVELOPMENT APPLICATION: residential apartment development – shop top housing development in MU1 Mixed Use zone – conciliation conference – agreement between parties - orders
DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – mixed use development in Wollongong city centre – cl 4.6 variations for building height and separation – orders
DEVELOPMENT APPLICATION – alterations and additions to dwelling house – heritage conservation area – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – residential apartment building development – cl 4.6 written request – floor space ratio – in-fill affordable housing – agreement between the parties – orders
APPEAL – building information certificate – dwelling house development in R2 Low Density Residential zone – development control order – conciliation conference – agreement between parties – orders
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring trees – risk of damage or injury – orders made for 2 of 4 trees – Pt 2A application – application not pressed
MODIFICATION APPLICATION – residential apartment development – whether substantially the same – conciliation conference – agreement between parties – orders
TREES (DISPUTES BETWEEN NEIGHBOURS) — high hedges — balancing views and privacy — minor near future damage likely — apprehension of fence and structural damage in future
DEVELOPMENT CONTROL ORDER – stop use order - whether premises used for prohibited purpose – animal boarding or training establishment – whether kennels are a building
DEVELOPMENT APPEAL — conciliation conference — cl 4.6 variation for a demonstrable public benefit — aircraft noise — agreement between the parties — orders
MODIFICATION APPLICATION – dwelling house development in R2 Low Density Residential zone – conciliation conference – agreement between parties – orders
DEVELOPMENT APPLICATION – shop top housing development – cl 4.6 written request – height of buildings – floor space ratio – agreement between the parties – orders
DEVELOPMENT APPLICATION: centre-based child care facility in R2 Low Density Residential zone – conciliation conference – agreement between parties - orders
DIRECTION – appeal against a Direction to Comply with specific measures regarding a swimming pool barrier – conciliation conference – agreement between the parties – orders
TREES (DISPUTES BETWEEN NEIGHBOURS) — Pt 2 application — neighbouring tree — whether the tree has caused or is likely to cause damage to property — whether the tree owner should pay compensation for property damage – orders for tree removal
TREES (DISPUTES BETWEEN NEIGHBOURS) — Pt 2 application — neighbouring tree — whether the tree has damaged the dividing fence — whether tree removal is required – orders for pruning the tree and repairing the fence
DEVELOPMENT APPLICATION – mixed use development, centre-based childcare facility, basement parking and landscape works – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPEAL – centre based child care facility – consideration of compatibility with the local character and surrounding streetscape – assessing the impact of development on trees - deferred commencement condition for off site disposal of stormwater - orders
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 CONTROL ORDER – demolish works order – proposed substituted orders – fire safety order BUILDING INFORMATION CERTIFICATE – proposed deferred determination
DEVELOPMENT APPEAL – alterations and additions to an existing residential flat building – justification of contravention of height of building development standard – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION: centre-based child care development in R4 High Density Residential zone – groundwater assessment – conciliation conference – agreement between parties - orders
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
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