COSTS – application for costs in Class 4 proceedings – discontinuance of proceedings – Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 42.19, 42.20 – whether costs should be awarded in favour of the discontinuing party – Applicants to pay the Second Respondent’s costs
NOTICE OF MOTION – application to adduce expert evidence – r 31.19 of the Uniform Civil Procedure Rules 2005 (NSW) – application for party to produce documents – ss 61 and 68 of the Civil Procedure Act 2005 (NSW) – application to excuse production – ss 130 and 131A of the Evidence Act 1995 (NSW)
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 – 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
PRACTICE AND PROCEDURE – summary dismissal of appeal – application to modify development consent for integrated development – approval body refused to grant general terms of approval – consent authority refused modification application – appeal against approval body’s refusal to grant general terms of approval – no appeal against consent authority’s refusal of modification application – competency of appeal – where the approval body erroneously considered a modification application to be a development application for integrated development – where the approval body had no power to issue general terms of approval to a modification application – whether approval body made an appealable determination – decision not to grant general terms of approval not an appealable determination – Court lacked power to make orders sought by applicant – appeal summarily dismissed
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
COSTS – application for costs in Class 3 proceedings – Encroachment of Buildings Act 1922 (NSW), ss 14 and 15 – Civil Procedure Act 2005 (NSW), s 98 – Uniform Civil Procedure Rules 2005 (NSW), r 42.1 – whether the Applicant’s conduct disentitled costs – Respondents to pay the Applicant’s costs
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
CIVIL PROCEDURE: separate determination of questions – questions concern permissibility of proposed development of tourist accommodation – applicable legal principles – separate questions ordered.
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
INTERLOCUTORY INJUNCTION — Works allegedly undertaken without development consent — Whether there is a serious question to be tried — Whether the balance of convenience favours granting injunction
COSTS – application for costs in Class 3 proceedings – Civil Procedure Act 2005 (NSW), s 98 – whether failure on a main contention disentitles costs – Respondent to pay Applicants’ costs
DEVELOPMENT CONTROL ORDER – stop use order - whether premises used for prohibited purpose – animal boarding or training establishment – whether kennels are a building
OFFENCES AND PENALTIES: carrying out development without consent by individual and corporate offender – pleas of guilty – sentencing principles – extent of environmental harm – whether harm was substantial – state of mind at the time of the commission of the offences was recklessness – lower end of moderately objective seriousness – no prior convictions – specific and general deterrence warranted – totality principle applied – fine imposed – publication order made.
APPEAL – appeal against Commissioner’s decision on question of law – subdivision of land – consolidation of existing lots and simultaneous redivision into new lots – subdivision contravenes minimum lot size development standard – development consent can be granted if boundary adjustment – meaning of boundary adjustment – subdivision not by way of boundary adjustment
HEARING ON SEPARATE QUESTION - Class 1 development appeal - construction of cl 4.1A(3)(a)(i) of the Wollongong Local Environmental Plan 2009 – whether the words "Zone C4 Environmental Living" are included – whether the proposed development consent may be granted
APPEAL: appeal against conviction and sentence – orders for the preparation of the appeal not complied with by appellant – appellant under misapprehension as to the nature of the appeal – appellant under misapprehension that appeal could be bifurcated – significant prejudice to appellant if vacation not granted – prejudice to respondent if vacation not granted – vacation granted – costs reserved.
DEVELOPMENT APPEAL — conciliation conference — cl 4.6 variation for a demonstrable public benefit — aircraft noise — agreement between the parties — orders
COSTS – costs of applicant’s notice of motion seeking interlocutory relief payable to respondents as late provision of usual undertaking as to damages resulted in costs being thrown away
NOTICE OF MOTION — criminal — motion for adjournment of proceedings — leave sought to file and serve supplementary expert report — motion granted in part
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
SENTENCING – pleas of guilty to three charges of carrying out development without development consent on land owned by local council without council consent – development intentional – development improved amenity of neighbouring land – development included interference with council stormwater system – some environmental harm caused - no evidence of remorse – relevance of enforceable undertaking by company director in sentencing process for company considered – minimal discount for plea of guilty warranted – publication order made
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
NOTICE OF MOTION — application under s 192A of the Evidence Act 1995 (NSW) — motion to exclude evidence — whether search warrant was invalid — whether search warrants invalid due to wrong name of authorising officer — seeking evidence be ruled inadmissible pursuant to s 138(1) of the Evidence Act 1995 (NSW) — whether more desirable to admit evidence than not admit.
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
CRIMINAL PROCEDURE – appeal from Local Court conviction for offence under Pesticides Act - procedural ruling granting leave to confine grounds of appeal to be considered first – leave granted to rely on fresh evidence for the confined grounds of appeal
DEVELOPMENT APPLICATION: centre-based child care development in R4 High Density Residential zone – groundwater assessment – conciliation conference – agreement between parties - orders
Appeal – appeal against Commissioner’s decision on question of law – whether misconstruction of statutory definitions – digital advertising sign – whether “roof or sky advertisement” - meaning of preposition “on” in phrases “displayed on” and “erected on” parapet – whether “wall advertisement” – meaning of “fixed flat” to the wall of a building – misconstruction of words and phrases
PARTIES – joinder of party – modification of development consent to extinguish easement – easement in gross benefitting local council – servient owner obstructing easement – public body litigating to remove obstruction – extinguishment of easement would affect public body’s contingent right in easement and interest in litigation – joinder of public body necessary and in interests of justice – public body seeks to raise issues concerning power to approve modification – issues otherwise not sufficiently addressed – joinder appropriate
CRIMINAL APPEAL – sole ground of appeal that prosecutor did not have power to commence prosecutions under the Water Management Act in Local Court by court attendance notice – appeal dismissed
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
JUDICIAL REVIEW – decision of local council to approve project on Crown land managed by it not in breach of Local Government Act – decision to approve project not in breach of Crown Land Management Act – decision to approve project not in breach of State Environmental Planning Policy (Transport and Infrastructure) – application dismissed
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
COSTS – Class 1 appeals of development control orders settled without need for final court determination – development control order issued to stop use of land used for lettuce farming for over thirty years - application for costs by applicants – whether fair and reasonable to order costs - whether local council acted unreasonably in not responding to urgent requests to advise whether any outstanding issues in light of agreement of experts – failing to provide approval documents vital to applicants’ case which local council held – statement of facts and contentions failed to properly identify why the development the subject of the development control orders was unlawful – no prospects of success in relation to portable dwellings as these were not buildings – notice of motion dismissed
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
CIVIL ENFORCEMENT – breach of development consent conditions by respondent established – cost of emergency work undertaken to repair local council’s stormwater and sewerage infrastructure damaged by respondent ordered to be payable
PRACTICE AND PROCEDURE – application for security for costs in judicial review proceedings by Respondents – rule 42.21(1) not satisfied – rule 59.11 requirement for exceptional circumstances not satisfied – no order for security for costs made - costs of notice of motion payable by First Second and Third Respondents
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