NSW Land and Environment Court

APPEAL — development application — digital advertising sign — conciliation conference — agreement between the parties — orders

APPEAL — development application — seniors living housing — change of use and alterations and additions to dwelling — heritage item — conciliation conference — agreement reached — orders made

APPEAL — development application — two storey dwellings — conciliation conference — agreement reached — orders made

ENVIRONMENT AND PLANNING — consent — appeal — conciliation conference — s 34 agreement — conditions of consent — low and mid rise housing

DEVELOPMENT APPLICATION — conciliation conference — light industrial warehouse units — agreement between the parties — orders made

DEVELOPMENT APPEAL — co-living — conciliation conference — agreement between the parties — orders

DEVELOPMENT APPEAL — residential flat building — infill affordable housing provisions — lot size — landscaping — floor space ratio — conciliation conference — agreement between the parties — orders

DEVELOPMENT APPEAL — conciliation conference — agreement between the parties — orders

Pt 2 application — neighbouring tree — damaged brick boundary wall — whether the tree must be removed — who should pay the costs of the works — Orders for tree removal and replanting

DEVELOPMENT APPLICATION — application for affordable housing and low and mid-rise housing under State Environmental Planning Policy (Housing) 2021 — desired future character — setbacks — development adjacent to a heritage item

DEVELOPMENT APPEAL — grandstand — conciliation conference — agreement between the parties — orders

DEVELOPMENT APPLICATION — conciliation conference — agreement between the parties — orders

DEVELOPMENT APPLICATION — conciliation conference — agreement between the parties — orders

CIVIL ENFORCEMENT — s 7 of the Swimming Pools Act 1992 (NSW) — absence of safety barrier — orders for construction of safety barrier — s 4.2 of the Environmental Planning and Assessment Act 1979 (NSW) — development carried out otherwise…

DEVELOPMENT APPLICATION — heritage — conditions — conciliation conference — agreement between the parties — orders

DEVELOPMENT APPLICATION — integrated development and designated development — increase to the annual production capacity of an existing grape processing facility, a winemaking operation, and an upgrade to existing wastewater treatment…

DEVELOPMENT APPEAL — alterations and additions — conciliation conference — agreement between the parties — orders

APPEAL — development application — conciliation conference — amended development application — low and mid rise housing — affordable housing — stormwater and easement — deferred commencement condition requiring drainage easement before…

DEVELOPMENT APPEAL — residential community title subdivision — likely impacts on ferry service

PRACTICE AND PROCEDURE — Class 4 civil enforcement proceedings seeking to restrain harming or desecrating of Aboriginal objects in breach of s 86 of National Parks and Wildlife Act 1974 (NSW) — application for inspection of property…

DEVELOPMENT APPEAL — low and mid rise housing outer area — affordable housing — justification of contravention of height of building development standard — area in transition — consideration of character — consideration of impact on…

APPEAL — residential development application — adequacy of arrangements for stormwater drainage

APPEAL — development application — residential development — conciliation conference — agreement between the parties — orders

TREES (DISPUTES BETWEEN NEIGHBOURS) — Pt 2 application — neighbouring trees — damaged masonry boundary retaining wall requires demolition and replacement — whether consent is required to replace the wall — whether the trees must be…

APPEAL — refusal to issue occupation certificate — single dwelling — no modified construction certificate — appeal upheld

DEVELOPMENT APPLICATION — commercial development — cl 4.6 written request — height of buildings — floor space ratio — conciliation conference — agreement between the parties — orders

APPEAL: appeal from decision of Commissioner on a question of law — whether Commissioner denied appellant procedural fairness by making findings determinative of the matter on an issue not raised by the parties — procedural fairness…

APPEAL — development application — residential flat building — low to mid-rise housing — conciliation conference — agreement between the parties — orders

DEVELOPMENT APPLICATION — conciliation conference — agreement between the parties — local heritage item — amended plans and documents — orders

DEVELOPMENT APPLICATION — construction of a dwelling house — native vegetation clearing — appeal dismissed

JUDICIAL REVIEW: challenge to decision to authorise the killing and removal of feral horses from a national park and State conservation area — whether decision made without authority and invalid — whether decision to approve aerial and…

CROSS EASEMENTS — compensation — conciliation conference — agreement between the parties — orders

DEVELOPMENT APPEAL — residential subdivision — road widening — tree removal — conciliation conference — agreement between the parties — orders

DEVELOPMENT APPLICATION — conciliation conference — agreement between the parties — orders

DEVELOPMENT APPLICATION — demolition of a local heritage item — detrimental impact on the heritage significance of the item

DEVELOPMENT APPLICATION — co-living housing — conciliation conference — agreement between the parties — orders made

JOINDER — application for joinder — statutory tests — issues proposed to be raised by applicant for joinder — interest of justice — public interest — application for joinder dismissed

APPEAL — development control order — stop use order — demolish works order — modified orders made

APPEAL — Development Application — conciliation conference — Amended DA — low and mid rise housing — affordable housing — survey point of the excavated level of the existing subfloor garage distorts the building height plane when compared…

DEVELOPMENT APPLICATION — residential flat building in R3 Medium Density Residential zone — whether site is within 800m of town centre — whether compliance with a development standard is unreasonable or unnecessary

DEVELOPMENT APPLICATION — s 34AA conciliation conference — agreement between the parties — orders made

DEVELOPMENT APPLICATION — alterations and additions to existing dwelling house — state heritage item — conciliation conference — agreement between the parties — orders made

DEVELOPMENT APPLICATION — commercial premises — conciliation conference — agreement between the parties — orders

INTERLOCUTORY INJUNCTION — urgent application to stop passive trapping of pregnant mares and foals in the Kosciuszko National Park refused — no serious questions to be tried — balance of convenience does not favour applicant

ENVIRONMENT AND PLANNING — modification of consent — appeal — conciliation conference — s 34 agreement

DEVELOPMENT APPLICATION — Strata Title — privacy — views — conciliation conference — agreement between the parties — orders