TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to property – apprehension of additional damage to property – leaves, sticks, and other refuse from trees falling on applicant’s land – is risk of genuine injury foreseeable
DEVELOPMENT APPLICATION – new shed – conciliation conference – agreement between the parties – orders NOTICE OF MOTION – application to amend the Court’s orders to correct plan reference in condition of consent – amend landscape plan Uniform Civil Procedure Rules – rule 36.17
DEVELOPMENT APPLICATION – existing vacant rural allotments – proposed amalgamation of lots – site fails to meet the minimum lot size development standard for the erection of a dwelling – request to vary the standard – request not upheld – consent refused.
DEVELOPMENT APPLICATION – State Environmental Planning Policy (Affordable Rental Housing) – boarding house development in R4 High Density Residential zone – weight given to draft Local Environmental Plan – clause 30A character of the local area
DEVELOPMENT APPLICATION – heritage conservation area – alterations and additions to item of local heritage significance – conciliation conference – agreement between parties – orders
MODIFICATION APPLICATION – conversion of an existing industrial building to a residential flat building – application seeking approval for reconfiguration of the approved parking arrangement within the existing ground floor open car park to accommodate a new studio – whether the modified development is substantially the same development as the development for which consent was originally granted – concerns relating to amenity, solar access, access and car parking
DEVELOPMENT APPLICATION – mixed use development – deferred commencement condition satisfied – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – mixed use development – deferred commencement condition lapsed consent – conciliation conference – agreement between the parties – orders
TREES (DISPUTES BETWEEN NEIGHBOURS) – neighbouring hedges – palms – cypress – whether the trees form a hedge – obstruction of views – whether the obstruction is severe – whether the applicant’s view has become severely obstructed – no orders made for palms – consent orders for cypress
ENVIRONMENT AND PLANNING – existing use rights – whether existing use of premises as a hotel extends to the first floor outdoor terrace ENVIRONMENT AND PLANNING – characterisation of existing use – s 4.65 EP&A Act – use defined by reference to Liquor Act 1912 – whole of building used for purposes of a hotel ENVIRONMENT AND PLANNING – continuation of existing use – construction of s 4.66(2)(b) EP&A Act – extent to which area was actually physically lawfully used prior to date use prohibited ENVIRONMENT AND PLANNING – enlargement expansion or intensification or an existing use – s 4.66(2)(c) – ordinary meaning – extent of hotel use prior to date use prohibited
DEVELOPMENT APPLICATION – alterations and additions to an approved residential flat building – provision of affordable rental housing – exceedance of the height of buildings development standard
APPEAL – appeal against conviction in Local Court for offence of wilful delay of authorised officer in taking and removing samples – locking gates preventing officer from leaving premises in car was wilful delay of an officer in carrying out their duties – conviction appeal dismissed APPEAL – appeal against sentence in Local Court for wilful delay of authorised officer in taking and removing samples – sentencing appeal dismissed
APPEAL – modification application concerning acoustic condition – noise control notice – agreement reached on modification application – whether noise control notice should be modified or revoked
DEVELOPMENT APPLICATION – residential apartment development – State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development – view loss – Foreshore Scenic Protection Area
ENVIRONMENTAL OFFENCES: offender convicted of three charges of unlawfully carrying out bulk earthworks contrary to the conditions of a project approval and one charge of commencing works without a construction certificate – determination and composition of appropriate sentences – sentencing principles – extent of environmental harm caused by the commission of the offences – weight to be applied to partial expert witness – state of mind of offender at the time of the commission of the offences – De Simoni principle – objective seriousness of the commission of the offences low to moderate – defendant had a prior conviction for an environmental offence – whether defendant able to express contrition and remorse in the absence of guilty pleas – specific and general deterrence warranted – comparable cases – whether the defendant ought to pay the prosecutor’s costs – whether the Court ought to order that the charges be dismissed – whether the Court ought to convict the defendant but impose no penalty – application of the totality principle – whether the Court ought to make a publication order – defendant convicted and fined in respect of all four offences – publication order made.
APPEAL – development application – extension of an existing industrial complex by the construction of an industrial building – Oxford Falls Valley locality – consistency with character statement – contentions resolved
DEVELOPMENT APPLICATION – boarding house development – State Environmental Planning Policy (Affordable Rental Housing) 2009 – character is compatible with the local area – agreement between the parties – conciliation conference – orders
DEVELOPMENT APPLICATION – Bellbird North Urban Release area – integrated development – subdivision of land – deemed refusal – conditions of a kind allowed by a contributions plan – impacts on state roads
DEVELOPMENT APPLICATION – appeal against two conditions of consent – two adjoining pub premises – deletion of conditions requiring no internal access between the premises – plans of management – conciliation – agreement between the parties – orders
COSTS - Class 1 merit appeal - application by successful party for a costs order - “fair and reasonable” test in the Land and Environment Court Rules 2007 - matters in favour of a costs order balanced by matters weighing against such an order - costs order refused - costs ordinarily follow the event on costs applications - whether purported Calderbank offer provided basis to award costs of costs application on an indemnity basis - no basis to depart from award of costs on an ordinary basis - Respondent awarded costs of costs motion – cap placed on the recoverable costs of photocopying
MODIFICATION APPLICATION – consent for boarding house – increase in height sought – improved amenity of some boarding rooms – no additional accommodation – impact on character of the area – reduced overshadowing of adjoining property – impact on views across the site – iconic view – application of Tenacity principles – reasonableness of the proposal
APPEAL – development application – boarding house – encroachment on public land – whether active street frontage required – car parking –contentions resolved APPEAL – development control order – unauthorised development – fire safety – order likely to make residents homeless
DEVELOPMENT APPLICATION – subdivision – new road construction – residential apartment development – stormwater drainage – height of buildings development standard – minimum lot size development standard – clause 4.6 written request
DEVELOPMENT APPLICATION – s 4.22 Concept Development Applications – Stage 1 development application – Sydney Harbour Catchment Strategic Foreshore Site – height exceedance – clause 4.6 written request – Sydney Harbour foreshore walk – cultural heritage significance – impact on heritage significance of item – adaptive reuse
MODIFICATION APLICATION – appeal against imposition of condition – whether substantially the same development – visual privacy – daylight and ventilation
JUDICIAL REVIEW – construction of garage on council owned land approved by local council as consent authority – applicant for garage development and local council as consent authority unaware that construction on council owned land when development application approved – absence of consent of council jurisdictional as development application not valid – proceedings commenced more than three months after public notice of grant of development consent – operation of s 101 Environmental Planning and Assessment Act 1979 bar to proceedings – Hickman principles satisfied – exercise of discretion to extend time under UCPR r 59.10 – exercise of discretion to grant relief
DEVELOPMENT APPLICATION – residential flat building – site width development standard – impact on heritage items – scale and bulk – conciliation conference – agreement between the parties
CIVIL PROCEDURE — Judgments and orders — Amending, varying and setting aside — Correction under slip rule — Uniform Civil Procedure Rules — Rule 36.16 JUDGMENTS AND ORDERS — Application for stay of operation COSTS — Party/Party — General rule that costs follow the event — Application of the rule and discretion
CIVIL ENFORCEMENT – discharge of treated effluent from sewage treatment plant into creek – erosion of bank of creek – whether breach of planning or environmental laws – approval under Part 3A of Environmental Planning and Assessment Act 1979 – approval condition that proponent comply with statement of commitments – commitment not to cause degradation of bed or bank stability of creek – effect of statement of commitments – commitment breached – whether erosion is pollution of land – no land pollution established – condition of operating licence for sewage treatment plant to meet objectives of Sydney Water Act 1994 – effect of principal objectives and special objectives – no breach of operating licence TORTS – duty of care in relation to support for land under s 177 of the Conveyancing Act 1919 – whether bank erosion removed support – breach of duty of care – defence under s 43A of Civil Liability Act 2002 not established – defence of statutory authority not established – nuisance action not maintainable
DEVELOPMENT APPEAL – Manufactured Home Estate – Permissibility – Innominate use – Site contamination – Biodiversity Development Assessment Report – avoidance, mitigation and offsetting of impacts on flora and fauna – adequacy of biodiversity assessment – intensity of development – visual impact – reasonableness of impacts arising from the development – character – public interest – appeal dismissed – development refused.
DEVELOPMENT APPLICATION – Demolition of existing buildings – construction of new shop top housing – breach of height control – breach of floor space ratio control – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – construction of two new dwellings on adjacent blocks – alterations and additions to an existing building – whether requests to vary height development standards are well founded
TREES (DISPUTES BETWEEN NEIGHBOURS) – Part 2A application – Part 2A only applies to two or more trees planted to form a hedge – Part 2A application refused – Part 2 application – damage to property – nuisance – minor damage likely – past pruning – orders for pruning at applicant’s expense
APPEAL – development application – alterations and additions to caravan park – consistency with zone objectives – contamination – access to services and facilities – displacement of tourist accommodation – density of the proposed development – whether the use for long term accommodation is particularly suitable due to the location and character of the land – amenity impacts – displacement of long term residents
ENVIRONMENT AND PLANNING — Waste disposal — Use of land as a waste facility without lawful authority — Cessation of use and restoration of land sought by council — No appearance by respondent
TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to property – damage to tiled verandah – two of five trees have caused or are likely to cause damage – orders to remove two of five trees
DEVELOPMENT APPLICATION – dual occupancy – minimum lot size – compliance with DCP controls – subdivision – consequential changes to building categorisation – precedent
DEVELOPMENT APPLICATION – mixed use development – contravention of height of building standard – whether compliance is unreasonable or unnecessary in the circumstances of the case – whether proposed development in the public interest because it is consistent with the objectives of the particular standard
ENVIRONMENT AND PLANNING — Offences — Water pollution — Sentencing — Plea of guilty — Discharge of sewage — Determination of objective seriousness of offence — Extent of environmental harm — Prior sewage discharge not the subject of charge — Subjective circumstances of offender — Prior convictions for environmental offences
MODIFICATION – whether substantially the same development – view loss – gross floor area – landscaped area – proceedings disposed of on the basis of what occurred at the conciliation conference with consent of the parties
COSTS – prosecutor should not be ordered to pay costs as provided for by s 257D of Criminal Procedure Act 1986 following dismissal of charges – proceedings not conducted improperly or unreasonably – investigation not conducted improperly or unreasonably – proceedings not initiated without reasonable cause – no exceptional circumstances justifying award of costs
STATUTORY CONSTRUCTION: whether objectors to designated development where consent was refused are entitled to be given notice of the appeal – proper interpretation of phrase “in respect of which the objector has a right of appeal under this Division”. JOINDER: whether objector should be joined as a party to the appeal – whether objector able to raise any issue that should be considered but will not likely be sufficiently addressed in the appeal absent joinder – whether joinder is in the interest of justice or is in the public interest – objector joined.
DEVELOPMENT APPLICATION – construction of a new garage with stacker – flood management – pedestrian safety – conciliation conference – agreement between the parties – orders
APPEAL – development application – dwelling house – basement below the 1 in 100 year flood level – whether driveway crest and flood barriers sufficient
DEVELOPMENT APPLICATION: roof top terrace – whether the development exceeds the floor space ratio standard – whether the roof terrace will create unreasonable impacts for adjoining neighbours – the reasonableness of the terrace – appeal upheld
DEVELOPMENT APPLICATION – childcare centre with basement parking – acoustic impacts and treatment – unencumbered outdoor play space – consistency with character and streetscape – basement and street parking
DEVELOPMENT APPLICATION – Concept development application – mixed use development – 30 storey tower – qualification for uplift in floor space and building height under cl 7.5A of Liverpool Local Environmental Plan 2008 – whether clause 7.5A(2) of Liverpool Local Environmental Plan 2008 is beneficial and facultative and warrants “widest interpretation that its language will give” – whether development properly characterised as “business premises” – whether development properly characterised as “food and drink premises”
MODIFICATION APPLICATION – consent for use as a place of public worship (Islamic Centre) – change to the internal layout – modification application amended – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – hotel – extension of trading hours for gaming room – impact on nearby residents – whether character of the area will be affected – precedent – noise of patrons arriving and leaving – impact of smoke from outdoor gaming room – plan of management – trial period – number of security persons – limit on number of patrons
TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to property – zoning of land – whether the land is within a zone to which the Trees Act applies – row of cypress trees – damage to slab of concrete shed – evidentiary burden lies with the applicant – Court cannot be satisfied that trees have caused the damage – cause of damage is not identified – trees were there first – other possible remedies for damage – application refused
PROSECUTION – finalisation of sentence for two offences of knowingly supply false and misleading information about waste contrary to s 144AA(2) of the Protection of the Environment Operations Act 1997 – intensive correction order made in lieu of terms of imprisonment – community service work condition imposed – publication order made – order that prosecutor’s costs paid by defendant made
DEVELOPMENT APPLICATION – alterations and additions to an existing dwelling – exceedance of the floor space ratio development standard – adjoining a local heritage item — conciliation conference — agreement between the parties
DEVELOPMENT APPLICATION – multi dwelling housing development – local heritage item – identification of a heritage curtilage – form of the development is inconsistent with objectives for low density residential zone – inadequate site analysis
MODIFICATION APPLICATION – pergola over an approved rooftop terrace – modification is substantially the same development – unacceptable bulk and scale – potential privacy and overlooking impacts
APPEAL – development control order – compliance order – retaining walls and fill on the site – raised levels of rear yard – not authorised by the development consent or construction certificate – no evidence of their design – potential interference with dispersion of water from absorption trench – visual and privacy impacts
TREES (DISPUTES BETWEEN NEIGHBOURS) – damage to property – retaining wall – evidentiary burden lies with the applicant – Court cannot be satisfied that trees have caused the damage – other possible causes of damage – fence damage is minor – three small trees to be removed to prevent further damage – no orders for removing two mature remnant trees – no orders for compensation – risk of injury – orders for pruning
REVIEW OF REGISTRAR’S DECISION - unavailability of counsel for the Applicant - matter set down for hearing on a date when the Applicant’s counsel was not available - reason for unavailability of counsel not given to Assistant Registrar - Applicant’s counsel not available as undertaking a two-week hearing in the Federal Court on a pro bono basis - matter of policy appropriate to support barristers undertaking pro bono briefs - no prejudice to Applicant or Respondent if hearing delayed - appropriate to vacate hearing date set by the Assistant Registrar - new hearing date convenient to counsel for both parties allocated
DEVELOPMENT APPLICATION – Subdivision of land – construction of a child care centre – whether proposed development is compatible with the character of the local area – whether the bulk and scale of the proposed development is acceptable – whether imposition of proposed conditions is reasonable – application of Newbury test
DEVELOPMENT APPLICATION – alterations and additions to an approved commercial development – contributory building to heritage conservation area – exceedance of the height of buildings development standard
TREES (DISPUTES BETWEEN NEIGHBOURS) – risk of damage and injury – two applications concerning the one tree – overhanging tree – whether the tree is likely to cause damage or injury – works already permitted by Council – access to properties for works to be carried out
MODIFICATION APPLICATION – New roof top terrace proposed – modification is substantially the same development – whether the necessity of the open space is a relevant consideration – agreement of experts no impact arises from roof top terrace – appeal upheld
DEVELOPMENT APPLICATION – Green Square community infrastructure - Statement Environmental Planning Policy (Urban Renewal) 2010 – floor space ratio on subdivided land – exceedance of floor space standard – clause 4.6 – active frontages – dedication of land – voluntary planning agreement
DEVELOPMENT CONTROL ORDER – power to issue an order – completion or non-completion of Stage 1 works – development consent conditions – impacts on amenity of residents – period for compliance
DEVELOPMENT APPLICATION – Dual occupancy development – variation to lot frontage control – conciliation agreement – agreement between the parties – orders
DEVELOPMENT APPLICATION – change of use from commercial to residential – proper characterisation of development application – whether provision in local environmental plan requiring 60% commercial floor space a prohibition or development standard – clause 4.6 objection – whether compliance is unreasonable or unnecessary – whether in the public interest
DEMOLISH WORKS ORDER & RESTORE WORKS ORDER – roofed pergola – concrete slab – non-portable in-ground swimming pool – conciliation conference – agreement between the parties – orders
APPEAL – development control order – demolish works order and compliance order – roof tiles of a dwelling in a heritage conservation area – conciliation conference – agreement reached
PROCEDURE – exercise of discretion whether to allow amendment of summons – no reasonable prospects of success – history of proceedings militates against allowing amendment – notice of motion dismissed
TREES (DISPUTES BETWEEN NEIGHBOURS) – neighbouring hedge – cypress – obstruction of sunlight and views – whether the obstruction is severe – whether the applicant had access to sunlight and views – whether access to sunlight and views resulted from non-compliance with conditions of development consent – whether the extent of obstruction has increased since the applicant has owned the property – privacy and other benefits – avoiding adverse impacts to amenity
DEVELOPMENT APPLICATION – secondary dwelling – characterisation of secondary dwelling – permissible development – location of the secondary dwelling would result in an adverse impact of the character of the rural area
ADJOURNMENT - application by Second Respondent to Class 4 proceedings to adjourn pending lodgement and determination of a modification application to an existing development consent - modification said to resolve flooding and other issues matters of complaint by the Applicant in the Class 4 proceedings - prejudice to Applicant if Class 4 proceedings significantly delayed by adjournment - expert evidence from drainage engineers for Applicant and Second Respondent - evidence from both drainage engineers unsatisfactory - appropriate to vacate hearing dates for end March 2021 - appropriate to grant adjournment to permit consideration of modification application - also appropriate to relist Class 4 proceedings in May 2021 for hearing if determination of the modification application has not resolved the matters in dispute - partial success by each party on the adjournment application - appropriate that each party bear its own costs of the adjournment application
DEVELOPMENT APPLICATION – alterations and additions to an existing residential flat building – impact on the heritage significance of the adjoining heritage item
ENVIRONMENT AND PLANNING – Appeal - Development application – Shoalhaven Local Environmental Plan 2014 – Statutory construction – Application of clause 4.2B – Relationship between clause 4.2B and clause 4.E ENVIRONMENT AND PLANNING – Land and Environment Court – Practice and procedure – Time for 56A appeal – Extension of time – Exercise of discretion – Leave granted
CIVIL ENFORCEMENT - Applicant commences proceedings against neighbours in Local Court seeking noise abatement order pursuant to the Protection of the Environment Operations Act 1997 - COVID‑19 pandemic intervenes - likely finalisation time in the Local Court extends significantly - Applicant commences Class 4 proceedings concerning acoustic impact of hot water heater and two air‑conditioning units on neighbours’ residential property - expert acoustic evidence filed and served by the Applicant - application for interim injunctive relief - limited interim injunctive relief granted with no order for costs - application seeking stay of Local Court proceedings dismissed by consent with no order for costs - Respondents nominate acoustic expert who is unqualified - Respondents granted leave to replace unqualified acoustic expert with a qualified expert - hot water heater replaced with acoustic compliant one - joint expert acoustic report reveals agreement that the air-conditioning units breach acoustic standards for exempt development - ameliorative acoustic works achieve compliance certification - Class 4 proceedings discontinued with costs reserved COSTS - presumption in Uniform Civil Procedure Rules 2005 that plaintiff in discontinued proceedings will pay respondent’s costs of those proceedings unless otherwise ordered - Applicant seeks order for costs of Class 4 proceedings - application based on the proposition that the practical outcome obtained by the Applicant amounted to capitulation by Respondents - joint expert acoustic report reveals disagreement as to whether the air-conditioning units are audible in a habitable room (the bedroom) of the Applicant’s dwelling - audibility of the air-conditioning units in the bedroom of the Applicant’s dwelling necessary to be established for the purpose of element of relief sought in the proceedings - outcome did not amount to effective capitulation on all matters in contention - inappropriate to undertake hypothetical merit assessment on matter where the acoustic experts were not in agreement - even if appropriate, no basis upon which to do so - not appropriate to make costs order in Applicant's favour COSTS - Respondents concede, during hearing, that it would be appropriate to order that the parties each bear their own costs of the proceedings - appropriate to so order with the intention that each party bear their own costs of the proceedings COSTS - costs of costs applications in Class 4 proceedings ordinarily follow the event - no basis to depart from this position - Applicant to pay the Respondents’ costs of the costs application as agreed or assessed
DEVELOPMENT APPLICATION – alterations and additions to a dwelling house – State Environmental Planning Policy (Affordable Rental Housing) – Division 7 Group homes
APPEAL – development application – residential flat building – breach of the height development standard – conciliation conference – agreement reached – orders made
APPEAL – development application – residential flat building – breach of height and FSR development standards – retention of two heritage listed terraces – conciliation conference – agreement reached – orders made
ENVIRONMENT AND PLANNING – Land and Environment Court – review of Registrar’s directions – r 49.20 Uniform Civil Procedure Rules 2005 – exercise of discretion – venue for hearing and request for documents – motion dismissed COSTS – r 3.72(2) Land and Environment Court Rules 2007 – insufficient basis for costs application – no order made
DEVELOPMENT APPLICATION – alterations and additions to existing dwelling plus secondary dwelling – flooding risk mitigated – solar access amenity to adjoining property
DEVELOPMENT APPLICATION – alterations and additions to existing dwelling – mitigated flood risk – variation of standard for limited development in foreshore area – conciliation conference – agreement between the parties – orders
OFFENCES AND PENALTIES – sentence – carrying out development in breach of development consent – waste facility – condition limiting quantity of waste received per year – waste received exceeded limit – low objective seriousness – no environmental harm – no recklessness or negligence proven – limited but unknown financial gain – no foreseeability or practical measures to prevent harm – control over causes of offence – subjective circumstances of offender – no prior convictions – early plea of guilty – remorse for offence not proven – limited assistance to authorities – fine – moiety of fine – publication order – costs order
COSTS - appeal pursuant to s 30 of the Heritage Act 1977 against the making of an interim heritage order by the Respondent - consideration of the question of whether the Ministerial Order investing the Respondent with power to make interim heritage orders - Ministerial Order mandated jurisdictional prerequisites to be satisfied prior to the power to make any interim heritage order being available to the Respondent - jurisdictional prerequisite in Sch 2(2)(d) of the Ministerial Order not satisfied - Respondent had no power to make the interim heritage order against which the Applicant had appealed - agreement between the parties that the Class 1 proceedings were appropriate to be discontinued - dispute as to costs of the proceedings upon discontinuance - Applicant applies for costs order in its favour upon discontinuance - r 3.7(2) of the Land and Environment Court Rules 2007 applies permitting costs to be awarded only if “fair and reasonable” to do so - invalidity of interim heritage order, because a jurisdictional prerequisite was not satisfied, engaged r 3.7(3)(f)(i) - appropriate to order that the Respondent pay the Applicant's costs of the Class 1 proceedings - costs to be paid as agreed or assessed. COSTS - costs of costs applications in Class 1 proceedings ordinarily follow the event - no basis to depart from this position - Respondent to pay the Applicant's costs of its costs application (excluding costs of nominated excessive photocopying) as agreed or assessed
DEVELOPMENT APPEAL - application to rely on further amended plans and additional reports - consideration of whether the scope of the proposed amendments breached reg 55 of the Environmental Planning and Assessment Regulation 2000 - Applicant agrees to remove contentious aspects of proposed amendments - Applicant undertakes to lodge a separate development application with the Respondent for the removed contentious aspects of proposed amendments - revised proposed amended plans and reports permissible - consideration of whether lateness of amendments causes prejudice to the Respondent requiring vacation of hearing dates - Respondent not so prejudiced so as to require vacation of hearing dates - leave to amend granted and revised pre-trial directions made
DEVELOPMENT APPLICATION – alterations and additions to two existing semi-detached dwellings and new infill building – amended plans – conciliation conference – agreement between the parties – orders
ENVIRONMENTAL OFFENCES: sewerage overflow – breach of environment protection licence condition – failure to comply with clean-up notice – pleas of guilty – determination of appropriate sentence – whether failure to comply with clean-up notice a continuing offence – extent of harm caused by the commission of the offences – whether the offences committed negligently or recklessly – whether the De Simoni principle applies – subjective circumstances of the offender – prior convictions for environmental offences – monetary penalty imposed – part of monetary penalty imposed to be paid to council for environmental project – moiety ordered – publication order made.
APPEAL – building information certificate – conciliation conference – building erected without development consent and not in compliance with the Building Code of Australia – non-compliance with fire regulations – performance compliance with Deemed to Satisfy provisions of the Building Code of Australia – agreement between the parties – orders made
DEVELOPMENT APPLICATION – alterations and additions to an existing dwelling – breach of height limit – breach of Floor Space control – amended plans – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – boarding house – applicability of residential flat building controls – compatibility with character of local area –landscaping in side setbacks – amenity impacts for neighbours including overshadowing – objections – public interest
TREES (DISPUTES BETWEEN NEIGHBOURS) – hedge – running bamboo – has it been planted so as to form a hedge – orders sought for creation of a view not available to the applicant when property purchased – contrary to the intent of the Trees (Disputes Between Neighbours) Act 2006
INTERLOCUTORY APPLICATION - Prosecutor seeks to have proposed questions of law submitted to the Court of Criminal Appeal - no trial judge appointed for hearing of the charge (and four related charges) - whether application premature - meaning of words “the judge hearing the proceedings” in s 5AE(1) of the Criminal Appeal Act 1912 - application premature - Notice of Motion dismissed
APPEAL – development application – breach of height and floor space ratio development standards – impact of recent approvals – whether written request adequately addresses the requisite matters
MODIFICATION APPLICATION – delete certain conditions of consent relating to dedication of land and carrying out of works unrelated to proposed development – conciliation – agreement between the parties – orders
DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – exceedance of development standards for height and floor space ratio
DEVELOPMENT APPLICATION – boarding house –size of development – compatibility with character of local area – amenity impacts for neighbours –objections – public interest
MODIFICATION APPLICATION – conciliation conference – agreement between the parties – development carried out not in accordance with development consent – development control order – appeal against order – building information certificate application – appeal against refusal to issue building information certificate
DEVELOPMENT APPLICATION – childcare centre – compliance of the development with childcare regulations – whether the acoustic impact of the development is reasonable – constraints of the proposed plan of management – sufficiency of indoor and outdoor unencumbered play space – amenity of outdoor play areas – suitability of the site for the development
APPEAL – Swimming Pool child resistant barrier exemption – pool constructed prior to 1990 – impracticable or unreasonable – physical nature of the premises – orders
DEVELOPMENT APPLICATION – residential flat building – development standard contravention – minimum lot size for residential flat buildings – desired future character – bulk and scale – amenity impacts
DEVELOPMENT APPLICATION – attached dwellings – Torrens title subdivision – whether the subdivision is consistent with existing subdivision pattern – streetscape and design – built form and character
APPEAL – development application – adequacy of onsite parking – whether parking credit should apply – no parking provided for café use – availability of on-street parking – adequacy of carpark design
ENVIRONMENT AND PLANNING – development application – boarding house – appeal against refusal of application – whether development is a dwelling – housing density standard – low intensity, low impact use development – development application is consistent with desired future character statement – variations to standards approved subject to conditions
ENVIRONMENT AND PLANNING — Orders — Where respondent imported fill, engaged in earthworks, constructed hardstand areas and used land for storage or as a warehouse or distribution facility without development consent — Breaches admitted — Whether order for cessation of use, removal of fill and restoration of premises to prior ground level is appropriate — Whether suspension of injunctive relief ought to be granted ENVIRONMENT AND PLANNING — Environmental planning instruments — Prohibited uses — Whether the zoning provisions for unzoned land under a state environmental planning policy are inconsistent with the zoning provisions of a local environmental plan
DEVELOPMENT APPLICATION – Child care centre – overdevelopment – car parking shortfall – vehicle safety and sightline concerns – adequacy of basement design – landscaping of setbacks – amenity for neighbours – resident objections – public interest
DEVELOPMENT APPLICATION – residential apartment development – residential flat building – Marsden Park Precinct – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – residential apartment development – residential flat building – Marsden Park Precinct – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – residential apartment development – residential flat building – Marsden Park Precinct – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – residential apartment development – residential flat building – Marsden Park Precinct – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – residential apartment development – residential flat building – Marsden Park Precinct – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – residential apartment development – residential flat building – Marsden Park Precinct – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – residential apartment development – residential flat building – Marsden Park Precinct – conciliation conference – agreement between the parties – orders