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
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
ADMINISTRATIVE LAW — Judicial review — Further amended summons seeking declaration that deferred commencement consent has not lapsed — Interpretation of development consents and conditions — Whether applicant has satisfied deferred commencement condition by provision of a deed — Whether the condition requires Council to reach state of satisfaction — Declaratory relief granted
PRACTICE AND PROCEDURE — Notice of motion seeking expedition of Class 4 proceedings — Where satisfaction of conditions of deferred development consent is determinative in proceedings — Expedition sought due to urgent need of securing development consent to meet financial obligations and repay loans — Further amended summons filed — Expedition granted
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
DEVELOPMENT APPEAL – modification of consent for residential development – minimal or no environmental impact - 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 DEVELOPMENT CONTROL ORDER – conciliation conference – agreement between the parties - orders
COSTS — Failure to comply with an order issued under s 124 of the Local Government Act 1993 (NSW) — Whether usual costs order should be made — Whether Council acted unreasonably — Costs follow the event — Respondent to pay Council’s costs
APPEAL – development control order – dispute about terms of modified order APPEAL – development application – temporary use of land for functions – conciliation conference – agreement reached – orders made APPEAL – development control order concerning rural workers dwelling – conciliation conference – agreement reached – orders made
DEVELOPMENT APPLICATION — residential flat building in R1 Density Residential zone — residential apartment development — whether reduction in affordable housing — 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.
JUDICIAL REVIEW: whether the temporary use of an existing public carpark and bus stop by a congregation for the purpose of summer school was lawful – whether the adoption of plan of management by a council was in breach of s 40(3) of the Local Government Act 1993 because it was not adopted at an in-person public hearing – public hearing conducted via teleconference – no statutory requirement for in-person attendance – whether certain clauses of a Code of Meeting Practice and Model Code were valid – whether “pre-meeting briefing sessions” in Codes were council meetings – failure to establish grounds of review – summons dismissed. PROCEDURE: application to transfer part of proceedings to the Supreme Court of New South Wales from the Land and Environment Court – legal principles – no power to transfer separate issues – matter earlier dealt with by the Court. PROCEDURE: whether aspects of judicial review proceedings were out of time pursuant to r 59.10(1) of the Uniform Civil Procedure Rules 2005 – applicable legal principles – extension of time not granted having regard to discretionary factors. COSTS: whether ordinary costs rule should apply – proceedings not brought in the public interest – costs follow the event – applicant liable for costs.
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
OFFENCES AND PENALTIES: appeal against the severity of a sentence imposed by the Local Court – finding of guilty and convicted of an offence of unlawful transporting of waste against s 143(1)(a) of the Protection of the Environment Operations Act 1997 in the court below – nature of appeal – applicable sentencing principles – offence not committed intentionally – lowest objective seriousness – no harm caused to the environment – genuine expression of remorse – limited capacity to pay a fine – diminished physical and mental capacity – general deterrence warranted – whether an order under s 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 ought to be made – trivial offence – fine of $2,500 imposed – no order as to costs.
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
SENTENCE – environmental offences – three offences contrary to s 64 of the Protection of the Environment Operations Act 1997 (NSW) (POEO Act) – one offence contrary to s 140 of the POEO Act – applicable sentencing principles under Crimes (Sentencing and Procedure) Act 1999 (NSW) – objective seriousness of offence – strict liability – causation – insufficient evidence of actual harm to human health or environment – potential risk of harm to human health and environment – subjective circumstances of offender – lack of remorse – prior convictions – need for specific deterrence – totality – fine imposed – publication order – moiety – order pursuant to s 250(1)(c) of the POEO Act
JUDICIAL REVIEW – review of Council’s decision – modification assessment pursuant to s 4.55 of the Environmental Planning and Assessment Act 1979 (NSW) – whether failure to consider sections 2.5 and 3.3.3 of the Randwick Comprehensive Development Control Plan 2023 – whether failure to consider mandatory considerations – whether “substantially the same development” – declaration – decision invalid
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
SENTENCING — Plea of guilty to breach of s 4.2(1) of the Environmental Planning and Assessment Act 1979 (NSW) — Carrying out of development works without development consent — Mitigating factors — Objective seriousness of offence — Foreseeability of risk of harm — Remorse — Publication order
SENTENCE — Offences against the National Parks and Wildlife Act 1974 (NSW) and the Biodiversity Conservation Act 2016 (NSW) — Clearing of native vegetation on land without approval — Aggravating factors — Different levels of objective seriousness — Offences caused significant environmental harm — Subjective circumstances — Where multiple offences relate to similar conduct — Totality principle applies — Fines imposed — Offender ordered to pay prosecutor’s costs under s 257B of the Criminal Procedure Act 1986 (NSW) as may be determined under s 257G
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