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
COMPULSORY ACQUISITION — Objection to compensation offered pursuant to s 66 of Land Acquisition (Just Terms Compensation) Act 1991 (NSW) — Valuation — Public purpose for which the land acquired — Rezoning of land — Disturbance claim — Easement
SENTENCING – offences – environment and planning – non-compliance with clean-up notice and prohibition notice – ss 91(5) and 102 of the Protection of the Environment Operations Act 1997 (NSW) – defendant convicted after not guilty pleas – totality – limited capacity to pay fine – s 6 of the Fines Act 1996 (NSW) – fine imposed – investigation costs – legal costs – moiety
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
COSTS - award of costs to local council respondent following unsuccessful judicial review challenge to stop work order issued under Environmental Planning and Assessment Act – award of costs for notice of motion granting extension of time to commence judicial review proceedings also awarded to the local council - usual rule that costs follow the event applied
DEVELOPMENT APPLICATION — Alterations and additions to a residential dwelling — amended plans and supporting documents — conciliation conference — agreement between the parties — orders made.
LAND LAW – strata title – notice of motion – Strata Schemes Development Act 2015 (NSW) – ancillary orders – appointment of a trustee for the sale of an owner’s lot
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
CIVIL PROCEDURE — Notice of Motion — Application for joinder — Seeking to join after judgment has been delivered — Jurisdictional error — Restrictive covenants — Application to set aside judgment of Commissioner — Application for a stay
JUDICIAL REVIEW – review of decision to grant development consent – cll 4.1 and 4.1B of the Cooma – Monaro Local Environmental Plan 2013 – statutory interpretation – orders and declarations – development consent void and of no effect
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
CIVIL PROCEDURE — Notice of motion to vacate hearing — related proceedings transferred from the Supreme Court of NSW to the Land and Environment Court of NSW
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
PROCEDURAL RULINGS – environment and planning – offences – objection to admissibility of certificate under s 60F(5) of the Local Land Services Act 2013 (NSW) – application for voir dire – admissibility of defendant’s expert evidence served during trial – application dismissed
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
ENVIRONMENTAL OFFENCES — Prosecution where defendant did not appear in Court — Defendant charged with 20 offences under the National Parks and Wildlife Act 1974 (NSW) and the Biodiversity Conservation Act 2016 (NSW) — Allegation of clearing of native vegetation on land — Offences of harming or picking plants and damaging habitat of threatened species, endangered populations or endangered ecological communities — Where defendant did not obtain the required development consent in activity resulting in damage to habitat — Defendant found guilty of all 20 offences — Proceedings listed to obtain sentence hearing date and directions
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
PROCEDURAL RULINGS – evidence in one trial tendered in another trial – ss 59 and 190 of the Evidence Act – consent of defendants – dispensing with hearsay rule
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
APPEAL — s 56A Land and Environment Court Act 1979 (NSW) appeal from decision of a Commissioner — proper characterisation of purpose of proposed development — whether a “water reticulation system” within the meaning of the State Environmental Planning Policy (Transport and Infrastructure) 2021 (NSW) and/or “water storage facility” within the meaning of the Wingecarribee Local Environmental Plan 2010 (NSW) (WLEP) — whether “light industry” within the meaning of WLEP — appeal dismissed
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
COMPULSORY ACQUISITION – objection to compensation – determination of public purpose – highest and best use – disturbance – determination of compensation
APPEAL – appeal against Commissioner’s decision – residential subdivision – plan of subdivision marks a lot as “public reserve” – development consent not granted to dedication of lot as public reserve – later dedication on registration of plan – no error on question of law in granting consent to subdivision – two minimum lot size development standards – one for community title subdivision – another for dual occupancy subdivision – whether inconsistent – whether principle that specific provision prevails over general provision applies – misconstruction of provisions – floor space ratio development standard – application on facts – no error on question of law
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
CIVIL ENFORCEMENT — s 9.45 of the Environmental Planning and Assessment Act 1979 (NSW) — Alleged breach of Development Control Order — Council ordered demolition of structure — Safety risk of structure — Failure to obtain development consent NOTICE OF MOTION — Applicant seeking to amend Summons and Points of Claim
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
PRACTICE AND PROCEDURE — Land and Environment Court — Application to vacate hearing dates — Court’s discretion to review registrar’s decision — Change in circumstances and late application raised by applicant — Where Council has not marshalled evidence in anticipation of matters now raised by applicant — Where Council not responsible for applicant’s position — Consideration of interests of justice — Hearing dates vacated
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
PROCEDURAL RULINGS – Environment and Planning – offences – s 60N of the Local Land Services Act 2013 (NSW) – s 12 of the Native Vegetation Act 2003 (NSW) – objection to admissibility of certificate under s 60F(5) of the Local Land Services Act 2013 (NSW) – whether certifier had delegation to issue the certificate – whether the certificate was validly issued – objection dismissed
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
OFFENCES AND PENALTIES – sentence by Local Court – appeal against sentence – offence of failing to comply with development control order – development control order largely outside power – non-compliance with potentially invalid order of low objective seriousness – no environmental harm, foreseeability of harm or practical measures to prevent harm – offence deliberate but not for financial gain – mitigating factors
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