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
MODIFICATION APPLICATION — residential apartment development in R3 Medium Density Residential zone — whether substantially the same — 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
DEVELOPMENT APPLICATION – alterations and additions to shop top housing in E3 Productivity Support zone – conciliation conference – agreement between 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 – remediation order – unauthorised clearing of native vegetation – conciliation conference – agreement between the parties – orders
APPEAL — development application — alterations to dual occupancy and change of use to a dwelling house — conciliation conference — agreement reached — orders made
MODIFICATION APPLICATION – whether development is substantially the same development – retention of heritage fabric – reasons given for the grant of consent sought to be modified
NOTICE OF MOTION — Seeking to set aside orders made in principal judgment — Uniform Civil Procedure Rules 2005 rr 36.15 and 36.16 — Motion dismissed — Self-represented litigant
COSTS – costs follow the event rule – partial success on issues – whether apportionment based on partial success – factors influencing Court’s exercise of discretion – whether unsuccessful issues clearly dominant, separable or discrete from successful issues – whether unsuccessful issues involved considerable hearing time – whether such time can be identified or realistically estimated – whether unsuccessful issues lacked real merit – whether applicant behaved improperly or unreasonably in conduct of proceedings – no apportionment of costs
CIVIL ENFORCEMENT — Failure to comply with an order issued under s 124 of the Local Government Act 1993 (NSW) — Declaration and orders made to restrain and remedy breach — Further time granted for compliance
DEVELOPMENT APPLICATION – heritage conservation – the effect of the proposed development on heritage significance of an item – whether exhibits design excellence
DEVELOPMENT APPLICATION — alterations and additions to shop top housing development — height standard is exceeded — whether development exhibits design excellence
DEVELOPMENT APPLICATION – mixed use development – co-living housing pursuant to Chapter 3, Part 3 of State Environmental Planning Policy (Housing) 2021 – conciliation conference – agreement between the parties - orders
DEVELOPMENT APPLICATION: alterations and additions to existing dual occupancy – change of use to a single residential dwelling – conciliation conference – agreement between the parties – orders made.
DEVELOPMENT APPLICATION – amended plans and documents - demolition and construction of a two-storey co-living housing development –agreement between the parties – orders made.
APPEAL — development application — dwelling house — contentions resolved — appropriate conditions of consent — whether affordable housing contribution should be imposed
CIVIL PROCEDURE — Parties — Joinder — Neighbouring property owner to development application — Leave to party to intervene in relation to one discrete issue
ENVIRONMENTAL OFFENCES: application for costs following the withdrawal of criminal proceedings – whether the investigation of alleged offences under s 120 of the Protection of the Environment Operations Act was unreasonable or improper – whether the proceedings were initiated without reasonable cause or in bad faith – whether the prosecutor unreasonably failed to investigate matters – whether the prosecutor failed to communicate the withdrawal of proceedings in a timely manner – whether exceptional circumstances warranting an award of professional costs – entitlement to a costs certificate under s 2 of the Costs in Criminal Cases Act – applicable legal principles – limited costs order made in some of the proceedings – costs certificate issued in relation to some of the proceedings.
DEVELOPMENT APPLICATION – demolition and use of existing structures – amended plans and materials – conditions of consent in dispute – appeal upheld BUILDING INFORMATION CERTIFICATE – seeking to regularise structures on the land – no power to amend building information certificates – agreed expert evidence of no utility – appeal dismissed
COSTS – whether fair and reasonable that applicant receive costs following unsuccessful notice of motion seeking summary dismissal of Class 1 appeal by respondent local council
DEVELOPMENT APPLICATION – demolition, subdivision and construction of two semi detached dwellings – amended plans and documents - agreement between the parties – orders made.
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
CONTEMPT— Practice and procedure — Contempt motions alleging breach of undertaking — Amended motion seeking leave to amend contempt motions — Filing and service of affidavit evidence — Leave granted
CIVIL PROCEDURE — Land and Environment Court — Tree dispute — Summary disposal — Dismissal of proceedings — Whether earlier decision should be set aside or stayed — Proceedings litigating same cause of action and issues — res judicata — issue estoppel — Anshun estoppel — Where proceedings are an abuse of process and frivolous or vexatious — Whether vexatious proceedings order should be made
DEVELOPMENT APPEAL – use of existing outbuilding as a restaurant – tree removal – road re-alignment – conciliation conference – agreement between the parties – orders
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring trees – risk of injury – application refused – Pt 2A application – obstruction of views – obstruction not severe – application refused
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
NOTICE OF MOTION — Seeking to set aside orders granting change of experts — Review of Registrar’s decision — Alleged “expert shopping” — Motion to review and set aside orders granted
DEVELOPMENT APPLICATION – residential apartment building development – clause 4.6 written request – floor space ratio – agreement between the parties – orders
DEVELOPMENT APPEAL – modification application – consent for 199 lot Torrens title subdivision – changes to indicative layout plan substantially the same development – conciliation conference – agreement between the parties – orders
APPEAL – development control order – demolish works order and restore works order – works to heritage item – conciliation conference – agreement reached – orders made
DEVELOPMENT APPEAL — remitted matter — community title subdivision — justification of contravention of minimum subdivision lot size development standard — orders
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring trees – risk of damage – application refused – Pt 2A application – obstruction of sunlight – sunlight refers to direct sunlight – application refused
JUDICIAL REVIEW — Challenge to Notice of Intention to issue a Performance Improvement Order under s 438 of the Local Government Act 1993 — Seeking an order to declare the Notice and subsequent Order invalid — Requirement to attach evidence to Notice of Intention — Summons dismissed
DEVELOPMENT APPLICATION – appeal – hard rock quarry – State significant development –pedestrian safety – traffic safety – traffic flow – uncertainty of impacts of intended road improvements – social baseline – negative social impacts related to quarry product road haulage – negative amenity impacts of quarry product road haulage – feasibility of rail haulage – economic benefits of the quarry – strategic benefits of quarry to major infrastructure – negative consequences outweigh benefits – insufficient information
COSTS: whether the respondent should pay the applicant’s costs in compulsory acquisition proceedings – where the applicant was awarded more compensation than that contended for by the respondent but less than the Valuer-General’s offer and less than it sought in the proceedings – applicable legal costs principles compulsory acquisition proceedings – respondent to pay the applicant’s costs of the proceedings and of the motion.
APPLICATION – modification application made directly to the Court – application to modify a consent for a residential flat building – conciliation conference – agreement reached – orders made
MODIFICATION APPLICATION – modification of a development consent for a residential flat building – conciliation conference – amended plans and documents – agreement between the parties – orders made.
MODIFICATION APPLICATION – application directly made to Court – residential flat building – conciliation conference – agreement between the parties – orders
MODIFICATION APPLICATION – alterations and additions – shop top housing development – residential apartment development – agreement between the parties – orders
DEVELOPMENT APPLICATION — demolition and construction of industrial units and self storage — conciliation conference — agreement between the parties — orders made
CONTEMPT — Civil contempt — Breach of orders — Contempt proven — Contumacious contempt — Punishment of fine — Punishment suspended on conditions that contemnor cease contempt and remove waste — Order for substituted performance — Council directed to remove waste if contemnor fails to do so — Indemnity costs
DEVELOPMENT APPLICATION – demolition and construction of a five-storey mixed use commercial building including hotel – conciliation conference – amended plans and documents – agreement between the parties – orders made
DEVELOPMENT APPLICATION – subdivision and works – industrial – conciliation – additional information and amended development application – agreement between the parties – orders made
MODIFICATION APPLICATION – modification application for amendment to the approved residential dwelling – amendments to conditions – conciliation conference – agreement between the parties – orders
MODIFICATION APPLICATION – modification of a development consent for a residential dwelling – conciliation conference – amended plans and documents – agreement between the parties – orders made
DEVELOPMENT APPLICATION – demolition of structures and construction of a residential apartment building – conciliation – additional information and amended development application – agreement between the parties – orders made
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – neighbouring tree – risk of damage or injury – risk of tree failure – whether tree removal is required