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NSW Land & Environment Court decisions — Class 1 (merit appeals) and Class 4 (civil enforcement). 188 judgments categorised by planning topic, updated automatically.
Henry Fraser Pty Ltd v Northern Beaches Council [2026] NSWLEC 1382
132Cordeaux Pty Ltd v Wollongong City Council [2026] NSWLEC 1394
Thiyagalingam v Inner West Council [2026] NSWLEC 1393
Encore Australia Management Pty Ltd v Georges River Council [2026] NSWLEC 1396
Harding v Willoughby City Council [2026] NSWLEC 1395
Before: Targett C
this appeal, (Mod2025/0488) made under s 4.55(1A) of the EPA Act, seeks to modify Condition 6 of the Original Consent to reduce the development contribution amount to $93,958 (Modification Application). The Court has power to dispose of these proceedings under its Class 1 jurisdiction pursuant to s ...
APPEAL — modification application — modification of condition imposed on the grant of consent — conciliation conference — agreement between the parties — orders
Before: Porter C
This appeal is about whether the proposed earthworks related to a residential subdivision has detrimental impacts to the ridgeline as it relates to Mount Kembla and the Illawarra Escarpment, and adverse impacts to Aboriginal heritage significance of place and objects. The Applicant, 132Cordeaux Pty ...
DEVELOPMENT APPEAL – subdivision – Aboriginal heritage – Illawarra escarpment – zone objectives
Before: Starr AC
This is an appeal pursuant to the provision of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Development Application No DA/2024/0843 for the construction of a new three-storey dwelling house, including new swimming pool and landscaping works (t...
DEVELOPMENT APPLICATION — conciliation conference — agreement reached — orders made
Before: Espinosa C
DEVELOPMENT APPEAL – demolition – earthworks – construction of co-living housing and boarding house – contravention of height of building development standard – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPEAL – demolition – earthworks – construction of co-living housing and boarding house – contravention of height of building development standard – conciliation conference – agreement bet...
Before: Espinosa C
DEVELOPMENT APPEAL — residential development—alterations and additions — conciliation conference — agreement between the parties — orders
DEVELOPMENT APPEAL — residential development—alterations and additions — conciliation conference — agreement between the parties — orders
Before: Walsh C
This appeal concerns a development control order issued by the respondent (Hawkesbury City Council (Council)) on 22 October 2025 (the order). The order was issued to the applicants in the appeal: Robert Paul Liddell and Patrick Saunders (applicants) pursuant to s 9.34(1)(a) of the Environmental Plan...
APPEAL — development control order — conciliation conference — agreement reached — order modified
Before: Moore AC
This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against a deemed refusal by the Blacktown City Council (Respondent) of Development Application DA-25-01648 (DA) lodged with the Respondent on 7 October 2025. The DA sought c...
Development Application — Torrens title subdivision — conciliation — agreement reached — orders made
Before: Kullen AC
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal by Bayside Council of development application DA-2025/8 (the DA) for demolition of existing structures, tree removal, and construction of an 8 storey residential flat buildin...
DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – residential flat development – affordable housing – cl 4.6 variation of height of buildings development standard – orders
Before: Targett C
APPEAL – Development application - conciliation conference – agreement between the parties - orders
APPEAL – Development application - conciliation conference – agreement between the parties - orders
Before: Pepper J
CONTEMPT: non-compliance with court order to dismantle attractions and rides on land – continued use of attractions and rides – admission by contemnor of continued disobedience with court order – applicable legal principles – guilty of contempt.
CONTEMPT: non-compliance with court order to dismantle attractions and rides on land – continued use of attractions and rides – admission by contemnor of continued disobedience with court order – appl...
Before: Espinosa C
DEVELOPMENT APPEAL – centre based childcare facility – emergency evacuation plan – orders
DEVELOPMENT APPEAL – centre based childcare facility – emergency evacuation plan – orders
Before: Pritchard J
PRACTICE AND PROCEDURE – contempt – application to inspect respondent’s property pursuant to r 23.8 of the Uniform Civil Procedure Rules 2005 (NSW) – whether s 169 of the Evidence Act 1995 (NSW) applies – relationship between UCPR r 23.8 and s 169 of the Evidence Act – whether inspection for the pur
PRACTICE AND PROCEDURE – contempt – application to inspect respondent’s property pursuant to r 23.8 of the Uniform Civil Procedure Rules 2005 (NSW) – whether s 169 of the Evidence Act 1995 (NSW) appli...
Before: Dickson C
MODIFICATION APPLICATION – Modification of a childcare centre – conciliation conference – agreement between the parties – amended plans and documents - orders made.
MODIFICATION APPLICATION – Modification of a childcare centre – conciliation conference – agreement between the parties – amended plans and documents - orders made.
Before: Porter C
DEVELOPMENT APPEAL – centre-based child care centre – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPEAL – centre-based child care centre – conciliation conference – agreement between the parties – orders
Before: Pullinger AC
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), brought by JS Architects Pty Ltd (the Applicant), against the deemed refusal of Development Application DA-598/2025 (the DA) by Canterbury-Bankstown Council (the Respondent). At the date of its...
DEVELOPMENT APPLICATION – residential apartment building development – in-fill affordable housing – cl 4.6 written request – minimum lot size – height of buildings – agreement between the parties – or...
Before: Pritchard J
PRACTICE AND PROCEDURE – application for joinder pursuant to s 8.15(2)(a) of the Environmental Planning and Assessment Act 1979 and r 6.24(1) of the Uniform Civil Procedure Rules 2005 – whether issues of concern are not likely to be sufficiently addressed if applicant is not joined as a party – whet
PRACTICE AND PROCEDURE – application for joinder pursuant to s 8.15(2)(a) of the Environmental Planning and Assessment Act 1979 and r 6.24(1) of the Uniform Civil Procedure Rules 2005 – whether issues...
Before: Pritchard J
PRACTICE AND PROCEDURE – Class 4 judicial review proceedings challenging proposed activity for social housing – applications for order that in the event that applicant unsuccessful in the proceedings, the Court not make an order for costs against the applicant – whether proceedings are brought in th
PRACTICE AND PROCEDURE – Class 4 judicial review proceedings challenging proposed activity for social housing – applications for order that in the event that applicant unsuccessful in the proceedings,...
Before: Pritchard J
PRACTICE AND PROCEDURE – Class 4 judicial review proceedings challenging proposed activity for social housing – admissibility of evidence – whether material before decision-maker – whether evidence otherwise relevant to ground of judicial review
PRACTICE AND PROCEDURE – Class 4 judicial review proceedings challenging proposed activity for social housing – admissibility of evidence – whether material before decision-maker – whether evidence ot...
Before: Froh R
COSTS — notice of motion — Land and Environment Court Rule 3.7 — whether costs fair and reasonable
COSTS — notice of motion — Land and Environment Court Rule 3.7 — whether costs fair and reasonable
Before: Walsh C
APPEAL – development application – multi-level residence – steep site – whether owner’s consent should be granted for road reservation works – extent of excavation – character compatibility – plan inconsistencies and sufficiency of information
APPEAL – development application – multi-level residence – steep site – whether owner’s consent should be granted for road reservation works – extent of excavation – character compatibility – plan inc...
Before: Horton C
This appeal is brought under s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) following the refusal by Canterbury Bankstown Council of development application No DA-1404/2025 seeking consent for the demolition of structures and construction of a new two storey residence wi...
DEVELOPMENT APPLICATION: dwelling house development – conciliation conference – agreement between parties – orders
Before: Miller AC
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) being an appeal against the refusal of Development Application No. DA/22/2024 for the demolition of existing structures, tree removal and construction of a two storey 92 place centre based child...
DEVELOPMENT APPLICATION — centre based child care facility with basement parking — conciliation conference — agreement between the parties — orders
Before: Kullen AC
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of development application No. 548/2024 (the DA) for the demolition of existing structures and construction of a two storey centre-based childcare facility for 98 children wi...
DEVELOPMENT APPEAL — conciliation conference — agreement between the parties — centre based child care facility — orders
Before: Porter C
DEVELOPMENT CONTROL ORDER — Building Information Certificate — conciliation conference — agreement between the parties — orders
DEVELOPMENT CONTROL ORDER — Building Information Certificate — conciliation conference — agreement between the parties — orders
Before: Miller AC
This appeal concerns a development application (DA2025/00383) for co-living housing (10 rooms), alterations and additions and associated site works at 21 William Street, Hamilton (Lot 1 in Deposited Plan 113615) (the Site). The applicant lodged an appeal pursuant to s 8.7 of the Environmental Planni...
APPEAL — co-living housing — conciliation conference — agreement reached — orders made
Before: Beasley J
NOTICE OF MOTION — interlocutory injunction — seeking to injunct sale of property and to set aside consent orders — no serious question to be tried — ex-parte — allegations of fraud and misleading the Court — no notice to the Respondents — no notice to purchasers of property
NOTICE OF MOTION — interlocutory injunction — seeking to injunct sale of property and to set aside consent orders — no serious question to be tried — ex-parte — allegations of fraud and misleading the...
Before: Walsh C
APPEAL – development application – manufactured home estate – conciliation conference – agreement between the parties – orders
APPEAL – development application – manufactured home estate – conciliation conference – agreement between the parties – orders
Before: Pepper J
PROCEDURE: application to amend notice of motion and statement of charge in respect of proceedings for contempt – opposed by respondent – applicable legal principles – whether amendment substantial – whether amendment required to rectify defects in statement of charge – whether amendment would cause
PROCEDURE: application to amend notice of motion and statement of charge in respect of proceedings for contempt – opposed by respondent – applicable legal principles – whether amendment substantial – ...
Before: Miller AC
This is an appeal pursuant to the provisions of s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Development Application DA/535/2025 which seeks consent, as amended, for demolition of existing buildings/structures, tree removal and construction of a ...
APPEAL — development application — shop top housing — bulk and scale — solar access — desired future character — tree removal
Before: Dixon SC
APPEAL – development application – multi dwelling development – removal of trees – design and planning measures incorporated to reduce urban heat island effects – satisfaction of cl 7.30(3) of Penrith Local Environmental Plan 2010
APPEAL – development application – multi dwelling development – removal of trees – design and planning measures incorporated to reduce urban heat island effects – satisfaction of cl 7.30(3) of Penrith...
Before: O’Neill C
This is an appeal pursuant to the provisions of s 8.9 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Modification Application No 2006/12.5 (the application) to modify Development Consent No 2006/12 to extend the carpark, revegetate areas on the site, and...
DEVELOPMENT APPLICATION — conciliation conference — agreement between the parties — orders
Before: Miller AC
This is an appeal pursuant to the provisions of s 8.9 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) in respect of an application pursuant to s 4.56 to modify Development Consent No DA-626/2002 applying to the Beach Road Hotel, 99-111 Glenayr Avenue (also known as 71 Beach Roa...
APPEAL — modification application — licensed premises — conciliation conference — agreement reached — orders made
Before: Espinosa C
DEVELOPMENT APPEAL – residential development - conciliation conference – agreement between the parties - orders
DEVELOPMENT APPEAL – residential development - conciliation conference – agreement between the parties - orders
Before: Washington C
DEVELOPMENT APPLICATION – construction of a dual occupancy dwelling – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – construction of a dual occupancy dwelling – conciliation conference – agreement between the parties – orders
Before: Young AC
This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Development Application No. DA-2025/66 (DA). The DA sought development consent for alterations and additions to existing building and use for the purposes of storage of...
DEVELOPMENT APPLICATION — s34 conciliation conference — alterations and additions to storage premises — agreement reached — orders made
Before: Robson J
CIVIL PROCEDURE — Parties — Joinder — Neighbouring property owner to development application — Joinder not necessary for all matters in dispute to be effectively and completely determined
CIVIL PROCEDURE — Parties — Joinder — Neighbouring property owner to development application — Joinder not necessary for all matters in dispute to be effectively and completely determined
Before: Horton C
This appeal is brought under s 8.9 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) following approval by North Sydney Council for modification application No. 136/2023/2 that seeks to modify development application No. DA 136/23 for which consent was granted on 23 April 2024 fo...
DEVELOPMENT APPLICATION: modification application – dwelling house development in R2 Low Density Residential zone – conciliation conference – agreement between the parties – orders
Before: Horton C
This appeal is brought under s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) following the refusal by the Council of the City of Sydney of development application No. D/2024/1237 seeking consent for the partial demolition of an existing building and construction of a 7-st...
DEVELOPMENT APPLICATION —: shop top housing development in MU1 mixed use zone —– conciliation conference —– agreement between the parties —- orders
Before: Washington C
DEVELOPMENT APPLICATION – subdivision and associated works – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – subdivision and associated works – conciliation conference – agreement between the parties – orders
Before: Espinosa C
DEVELOPMENT APPEAL — child care facility — heritage — town planning — acoustic — trees — orders
DEVELOPMENT APPEAL — child care facility — heritage — town planning — acoustic — trees — orders
Before: Kullen AC
This is an appeal pursuant to ss 8.7 and 8.11 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal by Blacktown City Council of development application DA-24-00107 (the DA) for the construction of a four storey shop top housing with 32 residential units an...
DEVELOPMENT APPEAL — conciliation conference — agreement between the parties — cl 4.6 variation of height of buildings development standard — shop top housing — orders
Before: Espinosa C
DEVELOPMENT APPEAL — modification application — alterations and additions to existing dwelling — conciliation conference — agreement between the parties — orders
DEVELOPMENT APPEAL — modification application — alterations and additions to existing dwelling — conciliation conference — agreement between the parties — orders
Before: Walsh C
DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders
Before: Espinosa C
DEVELOPMENT APPEAL — residential development — alterations and additions — conciliation conference — agreement between the parties — orders
DEVELOPMENT APPEAL — residential development — alterations and additions — conciliation conference — agreement between the parties — orders
Before: Porter C
This appeal is about whether an order should be revoked or modified on a residential property in the Penrith Local Government Area. The Applicant, Mr Armin Karnauchow (Mr Karnauchow) commenced Class 1 proceedings pursuant to s 8.18 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act...
APPEAL – development control order – unauthorised structures – weight of evidence – authority to enter the site – consent needed to enter residential premises – no consent to enter – other evidence su...
Before: Walsh C
MODIFICATION APPLICATION — conciliation conference — agreement between the parties — orders
MODIFICATION APPLICATION — conciliation conference — agreement between the parties — orders
Before: Walsh C
DEVELOPMENT APPLICATION — conciliation conference — agreement between the parties — orders
DEVELOPMENT APPLICATION — conciliation conference — agreement between the parties — orders
Before: Starr AC
This is an appeal pursuant to the provision of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of Development Application No. DA/2025/0548 for demolition of the existing dwelling and associated structures, removal of trees, earthworks and the...
DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders
Before: Horton C
DEVELOPMENT APPLICATION: housing for seniors and people with a disability in R2 Low Density Residential zone – conciliation conference – agreement between parties – orders
DEVELOPMENT APPLICATION: housing for seniors and people with a disability in R2 Low Density Residential zone – conciliation conference – agreement between parties – orders
Before: Walsh C
DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders
Before: Gray C and Swan AC
APPEAL – development application – depot – existing character – desired future character - heavy industrial zone adjoining low density residential zone – height, bulk and scale –excessive building footprint - side setbacks – visual impact – orders
APPEAL – development application – depot – existing character – desired future character - heavy industrial zone adjoining low density residential zone – height, bulk and scale –excessive building foo...
Before: Pullinger AC
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), brought by ABA Square Pty Ltd (the Applicant), against the deemed refusal of Development Application DA 25.1/2025 (the DA) by Fairfield City Council (the Respondent). At the date of its lodgeme...
DEVELOPMENT APPLICATION – shop top development – in-fill affordable housing – cl 4.6 written request – height of buildings – landscaped area – agreement between the parties – orders
Before: Peatman AC
MODIFICATION APPLICATION — modification of conditions — minor modifications to accommodate a B99 vehicle size — conciliation conference — agreement between the parties — orders
MODIFICATION APPLICATION — modification of conditions — minor modifications to accommodate a B99 vehicle size — conciliation conference — agreement between the parties — orders
Before: O’Neill C
This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of Development Application No. 2025/0447 for the demolition of existing structures and the construction of a residential flat building comprising ...
DEVELOPMENT APPLICATION – conciliation conference – resident objectors – agreement between the parties – orders
Before: Miller AC
This appeal concerns a development DA233/2025 which seeks amendments to the approved development under DA216/2024 for demolition of the existing residential flat building and construction of a new residential flat building at 7 Annandale Street, Darling Point (Lot A in Deposited plan 402500). The ap...
APPEAL — amendments to an approved residential flat building — conciliation conference — agreement reached — orders made
Before: Washington C
DEVELOPMENT APPLICATION – residential flat building – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – residential flat building – conciliation conference – agreement between the parties – orders
Before: Macken AC
This is an appeal pursuant to s 4.55(2) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against North Sydney Council’s refusal of the Applicant’s development application (DA) No. DA 15/2025 seeking consent for the demolition of existing structures, site amalgamation and constru...
DEVELOPMENT APPLICATION — conciliation conference — agreement between the parties
Before: Moore AC
This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the actual refusal by the Central Coast Council (Respondent) on 2 April 2025 of DA/389/2021 (Development Application) lodged with the Respondent on 8 April 2021 by S...
Development Application — General Industrial — conciliation — agreement reached — orders made
Before: Washington C
DEVELOPMENT APPLICATION — application for subdivision and associated works — impact on scenic and landscape qualities of Mulgoa Valley — consideration of building envelopes — appeal upheld
DEVELOPMENT APPLICATION — application for subdivision and associated works — impact on scenic and landscape qualities of Mulgoa Valley — consideration of building envelopes — appeal upheld
Before: Harding AC
This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) by Michael E and C Megan Jones Pty Ltd (Applicants) against the refusal of DA-2023/146 (Development Application), lodged with the Willoughby City Council (the Respondent), on 16 June 2023. Th...
DEVELOPMENT APPLICATION — new dwelling —amended plans — conciliation conference — agreement between the parties — orders.
Before: Galwey AC
DEVELOPMENT APPEAL — residential development — conciliation conference — agreement between the parties — orders
DEVELOPMENT APPEAL — residential development — conciliation conference — agreement between the parties — orders
Before: Targett C
APPEAL — Development application — childcare centre — conciliation conference — agreement between the parties — orders
APPEAL — Development application — childcare centre — conciliation conference — agreement between the parties — orders
Before: Horton C
This appeal is brought under s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) following the deemed refusal by Waverley Council of development application No DA-311/2025 seeking consent for two-semi detached dwellings with basement parking, car stackers, a swimming pool ass...
DEVELOPMENT APPLICATION: semi-detached dwelling development in R2 Low Density Residential zone – conciliation conference – agreement between parties – orders
Before: Espinosa C
APPEAL –– construct and/or use a water supply work approval - amendment of approval – regulated application - conciliation conference – agreement between the parties – orders APPEAL – construct and/or use a water supply work and/or use water approval – amendment of approval – unregulated a
APPEAL –– construct and/or use a water supply work approval - amendment of approval – regulated application - conciliation conference – agreement between the parties – orders APPEAL – constr...
Before: Douglas AC
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 – damage to dwelling roof, car, and lights due to falling deadwood – apprehension of further damage and risk of injury – failure of respondent to exercise duty of care – pruning and compensation ordered
TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 – damage to dwelling roof, car, and lights due to falling deadwood – apprehension of further damage and risk of injury – failure of respondent to exercise du...
Before: Espinosa C
The Court orders: The appeal is upheld. That Development Control Order (General Order No. 3 and Order No.
DEVELOPMENT CONTROL ORDER APPEAL – conciliation conference – agreement between the parties - orders
Before: Targett C
this appeal, (Mod DA/231/2023/A) made under s 4.55(2) of the EPA Act, seeks to modify condition 8 of the Original Consent (Modification Application). The Court has power to dispose of these proceedings under its Class 1 jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (NSW...
APPEAL – Modification application – modification of condition imposed on the grant of consent – conciliation conference – agreement between the parties – orders
Before: O’Neill C
Notice of Motion – vary orders
Notice of Motion – vary orders
Before: Young AC
This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of Development Application No. 2024/0689 (DA). The DA seeks consent seeks approval for a change of land use to introduce receival of Food Organics and Gardens Organ...
DEVELOPMENT APPLICATION — s34 conciliation conference — waste and resource management facility — agreement reached — orders made
Before: Espinosa C
DEVELOPMENT CONTROL ORDER APPEAL — stop use order — demolish works order — restore works order — conciliation conference — agreement between the parties — orders
DEVELOPMENT CONTROL ORDER APPEAL — stop use order — demolish works order — restore works order — conciliation conference — agreement between the parties — orders
Before: Porter C
DEVELOPMENT APPEAL – residential flat building – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPEAL – residential flat building – conciliation conference – agreement between the parties – orders
Before: Peatman AC
DEVELOPMENT APPLICATION — boundary realignment — size of allotments — conciliation conference — agreement between the parties — orders
DEVELOPMENT APPLICATION — boundary realignment — size of allotments — conciliation conference — agreement between the parties — orders
Before: Espinosa C
DEVELOPMENT APPEAL — alterations and additions — residential flat building — conciliation conference — agreement between the parties — orders
DEVELOPMENT APPEAL — alterations and additions — residential flat building — conciliation conference — agreement between the parties — orders
Before: Porter C
DEVELOPMENT APPEAL – multi-dwelling - conciliation conference – agreement between the parties – orders
DEVELOPMENT APPEAL – multi-dwelling - conciliation conference – agreement between the parties – orders
Before: Miller AC
This appeal concerns a development application 429/2025/HA for the demolition of existing structures and construction of a seven storey residential flat building comprising 27 residential units and 4 independent living units (seniors housing), two levels of basement parking for 35 vehicles and remov...
APPEAL — residential flat building — conciliation conference — agreement reached — orders made
Before: Kullen AC
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of development application No 25/0324 (the DA) for the demolition of existing structures, and construction of a centre-based child care facility for 36 children on land legal...
DEVELOPMENT APPEAL — conciliation conference — agreement between the parties — centre-based child care facility — orders
Before: Porter C
This appeal is about whether an order should be revoked or modified for a partially burnt dwelling on a residential property in Nelson Bay. The Applicant, Mr Alan Hewit (Mr Hewit) commenced Class 1 proceedings pursuant to s 8.18 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act). ...
APPEAL – development control order – demolish works order – fire damaged dwelling – is or is likely to become a danger to the public – modify order – repair order
Before: O’Neill C
The application involves an existing boarding house, which falls within the definition of “low-rental residential building” in s 45 of State Environmental Planning Policy (Housing) 2021 (Housing SEPP). As the boarding house is in Paddington, it is within the area described as the Eastern Harbour Cit...
DEVELOPMENT APPLICATION – remitter after appeal on a question of law – change of use from a boarding house to attached dwellings
Before: Targett C
DEVELOPMENT CONTROL ORDER – restore works order – agreement between the parties – orders
DEVELOPMENT CONTROL ORDER – restore works order – agreement between the parties – orders
Before: Targett C
APPEAL – Development application – conciliation conference – agreement between the parties – orders
APPEAL – Development application – conciliation conference – agreement between the parties – orders
Before: Targett C
APPEAL — Development application — conciliation conference — agreement between the parties — orders
APPEAL — Development application — conciliation conference — agreement between the parties — orders
Before: Espinosa C
DEVELOPMENT APPEAL — child care centre — expert evidence supporting the grant of consent — orders
DEVELOPMENT APPEAL — child care centre — expert evidence supporting the grant of consent — orders
Before: Kullen AC
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of development application No DA-2025/50 (the DA) for the demolition of existing dwellings and ancillary structures, tree removal and the construction of a child care ...
DEVELOPMENT APPEAL — conciliation conference — agreement between the parties — centre based child care facility — orders
Before: Kullen AC
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of development application DA/157/2025 (the DA) for Torrens title subdivision of one lot into two on land and removal of trees at 311- 313 Galston Road, Galston, NSW, 2159, l...
DEVELOPMENT APPEAL — conciliation conference — agreement between the parties — orders
Before: Porter C
DEVELOPMENT APPEAL — subdivision — conciliation conference — agreement between the parties — orders
DEVELOPMENT APPEAL — subdivision — conciliation conference — agreement between the parties — orders
Before: Kullen AC
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of development application No DA0035/25 (the DA) for alterations and additions to an existing pub on land identified as Lot 21 in DP 832826 and known as 13 Bells Line of Road...
DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – orders
Before: Dickson C
DEVELOPMENT APPLICATION – multi dwelling housing – conciliation conference – amended plans and documents – agreement reached – orders made
DEVELOPMENT APPLICATION – multi dwelling housing – conciliation conference – amended plans and documents – agreement reached – orders made
Before: Kullen AC
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the actual refusal by Blacktown City Council of development application No Rev-25-0006 (Review Application). This matter was dealt with pursuant to s 34AA of the Land and Environment Cou...
DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – orders
Before: Washington C
DEVELOPMENT APPLICATION – alterations and additions to a warehouse building – construction of warehouse buildings – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – alterations and additions to a warehouse building – construction of warehouse buildings – conciliation conference – agreement between the parties – orders
Before: Espinosa C
DEVELOPMENT APPEAL — meditation facility as community facility — dwelling house — conciliation conference — agreement between the parties — orders
DEVELOPMENT APPEAL — meditation facility as community facility — dwelling house — conciliation conference — agreement between the parties — orders
Before: Peatman AC
DEVELOPMENT CONSENT – Building height – wall height – number of storeys – FSR – foreshore – desired future character
DEVELOPMENT CONSENT – Building height – wall height – number of storeys – FSR – foreshore – desired future character
Before: Targett C
this appeal (Mod22/0088), seeks to amend the Original Consent by relocating the approved Stage 2 Function Centre building, increasing on-site parking and associated soft and hard landscaping, and increasing hours of operation (Modification Application). Proceedings 2025/107079 (DCO Proceedings) – an...
APPEAL – Modification Application – whether development substantially the same – Development Control Order – utility – orders
Before: Duggan J
CIVIL ENFORCEMENT — ss 4.2 and 9.45 of the Environmental Planning and Assessment Act 1979 (NSW) — where respondents carried out construction of planter boxes, a masonry retaining wall and a timber screen without development consent — whether, by operation of the Dividing Fences Act 1991 (NSW) and/or
CIVIL ENFORCEMENT — ss 4.2 and 9.45 of the Environmental Planning and Assessment Act 1979 (NSW) — where respondents carried out construction of planter boxes, a masonry retaining wall and a timber scr...
Before: Espinosa C
DEVELOPMENT APPEAL – modification application – residential development – substantially the same development - conciliation conference – agreement between the parties - orders
DEVELOPMENT APPEAL – modification application – residential development – substantially the same development - conciliation conference – agreement between the parties - orders
Before: Pullinger AC
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), brought by Double Bay Carlotta Pty Ltd (the Applicant), against the deemed refusal of Development Application No 2025/235 (the DA) by Woollahra Municipal Council (the Respondent). At the date o...
DEVELOPMENT APPLICATION — residential apartment building development — low and mid rise housing — cl 4.6 written request — number of storeys — agreement between the parties — orders
Before: Kullen AC
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of development application No. DA/501/2025 (the DA) for Torrens title subdivision of two lots into ten, retention of the existing dwelling on Lot 23 DP 702061 (54 Bery...
DEVELOPMENT APPEAL — conciliation conference — agreement between the parties — orders
Before: Miller AC
This is an appeal pursuant to the provisions of s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Development Application DA/1212/2025, for the construction of multi dwelling housing, landscaping and associated site works at 17 and 14 Herd Street and ...
APPEAL — multi-dwelling housing — conciliation conference — agreement reached — orders made
Before: Espinosa C
MODIFICATION APPLICATION – conciliation conference – agreement between the parties - orders
MODIFICATION APPLICATION – conciliation conference – agreement between the parties - orders
Before: Espinosa C
DEVELOPMENT APPEAL – residential development Lot 3 – orders DEVELOPMENT APPEAL – residential development Lot 2 – orders
DEVELOPMENT APPEAL – residential development Lot 3 – orders DEVELOPMENT APPEAL – residential development Lot 2 – orders
Before: Miller AC
This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal by Sutherland Shire Council of Development Application No DA25/0744 for demolition of existing structures, construction of a dual occupancy development, ...
APPEAL – development application – dual occupancy and strata subdivision – conciliation conference – agreement reached – orders made
Before: Espinosa C
DEVELOPMENT APPEAL – characterisation of development – construction of dwellings – whether prohibited development – whether each dwelling is on its own lot of land – strata subdivision – orders
DEVELOPMENT APPEAL – characterisation of development – construction of dwellings – whether prohibited development – whether each dwelling is on its own lot of land – strata subdivision – orders
Before: Targett C
APPEAL – Development application - conciliation conference – agreement between the parties - orders
APPEAL – Development application - conciliation conference – agreement between the parties - orders
Before: Porter C
DEVELOPMENT APPEAL – alterations to a place of public worship – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPEAL – alterations to a place of public worship – conciliation conference – agreement between the parties – orders
Before: Preston CJ
APPEALS – review of Registrar’s case management orders – valuation of land – appeal against Valuer General’s determination of objection to valuation – deficiencies in pleading of parties’ cases – appellant’s case unclearly identified grounds of objection – Valuer General’s case inappropriately asser
APPEALS – review of Registrar’s case management orders – valuation of land – appeal against Valuer General’s determination of objection to valuation – deficiencies in pleading of parties’ cases – appe...
Before: Dickson C
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of development application DA27/2025. As amended the development application seeks consent for demolition of the existing structures and construction of a co-living housing d...
DEVELOPMENT APPLICATION- demolition of existing dwelling and construction of a co-living development – conciliation conference – amended plans and documents – agreement between the parties – orders ma...
Before: Targett C
WATER ACCESS LICENCE – assignment of water – conciliation conference – agreement between the parties – orders
WATER ACCESS LICENCE – assignment of water – conciliation conference – agreement between the parties – orders
Before: Harding AC
This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) by NB Capital Bondi Pty Ltd (the Applicant) against the deemed refusal of Development Application DA-455/2025, lodged with the Waverley Council (the Respondent), on 8 September 2025. The Deve...
DEVELOPMENT APPLICATION – dual occupancy –amended plans – conciliation conference – agreement between the parties – orders.
Before: Walsh C
DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders
Before: Pain J
COSTS – whether costs thrown away should be ordered payable after decision to allow vacation of hearing dates has been determined – each party to pay own costs
COSTS – whether costs thrown away should be ordered payable after decision to allow vacation of hearing dates has been determined – each party to pay own costs
Before: Walsh C
This appeal concerns a development control order issued by the respondent (Upper Hunter Shire Council (Council)) on 2 October 2025. The order was issued to Andrew Hill and Karen Gay (applicants) pursuant to s 9.34(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), which allows...
APPEAL — development control order — conciliation conference — agreement reached — order modified
Before: Espinosa C
MODIFICATION APPLICATION — conciliation conference — agreement between the parties — orders
MODIFICATION APPLICATION — conciliation conference — agreement between the parties — orders
Before: O’Neill C
This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Development Application No DA2025/0601 for the demolition of existing structures, Torrens title subdivision of one lot into three lots as a first stag...
DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders
Before: Espinosa C
DEVELOPMENT CONTROL ORDER APPEAL –demolish and restore order – no appearance by Applicant – works not exempt – BCA compliance - change of use to office premises is development that is permissible with consent – revocation of restore order - substituted stop use order – modified demolish order - orde
DEVELOPMENT CONTROL ORDER APPEAL –demolish and restore order – no appearance by Applicant – works not exempt – BCA compliance - change of use to office premises is development that is permissible with...
Before: Swan AC
APPEAL – development application – co-living housing – shop top housing – amenity impacts – desired character - desired future character – building separation – bulk and scale – GFA interpretation – clause 4.6 variations – overshadowing impacts – privacy impacts – design excellence – communal living
APPEAL – development application – co-living housing – shop top housing – amenity impacts – desired character - desired future character – building separation – bulk and scale – GFA interpretation – c...
Before: Peatman AC
DEVELOPMENT APPLICATION — community title subdivision — tree removal — environmentally sensitive flora — infrastructure — conciliation conference — agreement between the parties — orders
DEVELOPMENT APPLICATION — community title subdivision — tree removal — environmentally sensitive flora — infrastructure — conciliation conference — agreement between the parties — orders
Before: Pritchard J
COSTS – Class 4 proceedings – r 42.1 Uniform Civil Procedure Rules 2005 (NSW) – whether other order should be made as to the whole or any part of the costs – s 98(4)(c) Civil Procedure Act 2005 (NSW) – whether party to whom costs are to be paid entitled to specified gross sum instead of assessed cos
COSTS – Class 4 proceedings – r 42.1 Uniform Civil Procedure Rules 2005 (NSW) – whether other order should be made as to the whole or any part of the costs – s 98(4)(c) Civil Procedure Act 2005 (NSW) ...
Before: Pullinger AC
This is an appeal pursuant to s 8.9 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), brought by 64 Ewos Pty Ltd and Steven Charles Boxall (together the Applicant), against the refusal of Modification Application MA25/0091 (the MA) by Sutherland Shire Council (the Respondent). T...
MODIFICATION APPLICATION — residential apartment development — agreement between the parties — orders
Before: Dickson C
DEVELOPMENT APPLICATION – service station alterations and additions and signage – conciliation conference – agreement between the parties – orders made.
DEVELOPMENT APPLICATION – service station alterations and additions and signage – conciliation conference – agreement between the parties – orders made.
Before: Espinosa C
the Court determines to grant the consent (Ex 3). The Applicant’s case is that the Proposed Development seeks modest alternations and additions to the front of the existing semi-detached dwelling. During submissions the Applicant brought to the Court’s attention that the DA had been refused by Counc...
DEVELOPMENT APPEAL – alterations and additions to a dwelling for single onsite car park – assessment of impact on nearby heritage items – streetscape – orders
Before: Preston CJ
APPEAL – appeal against Commissioner’s decision on question of law – refusal of development consent for digital sign – amendment of development application – substitution of new visual impact assessment report for former visual impact assessment report – Commissioner’s consideration of superseded re
APPEAL – appeal against Commissioner’s decision on question of law – refusal of development consent for digital sign – amendment of development application – substitution of new visual impact assessme...
Before: Espinosa C
DEVELOPMENT APPEAL – residential development - rural land – contravention of minimum Lot size for dwelling in rural landscape development standard – achieving the objective of minimising unplanned development - orders
DEVELOPMENT APPEAL – residential development - rural land – contravention of minimum Lot size for dwelling in rural landscape development standard – achieving the objective of minimising unplanned dev...
Before: AC Sherry
ENVIRONMENT AND PLANNING — consent — appeal — s 34 agreement — cl 4.6 variation —conditions of consent
ENVIRONMENT AND PLANNING — consent — appeal — s 34 agreement — cl 4.6 variation —conditions of consent
Before: Pullinger AC
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), brought by Tricon Property Pty Ltd (the Applicant), against the refusal of Development Application DA24/0185 (the DA) by Penrith City Council (the Respondent). At the date of its lodgment on 14...
DEVELOPMENT APPLICATION — mixed use development — agreement between the parties — orders
Before: Horton C
This appeal is brought under s 8.9 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) seeking to modify development consent No DA198/20, granted on 2 December 2020, for alterations and additions to levels 4 and 5 of a heritage listed commercial and retail building, and for changes...
MODIFICATION APPLICATION — signage — conciliation conference — agreement between parties — orders
Before: Dickson C
This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of Development Application DA 182.1/2024. The development is proposed at 123 McBurney Road, Cabramatta (Lot 31 Section 6 DP 1157). The appeal was subject to concili...
DEVELOPMENT APPLICATION: demolition and construction of centre based childcare centre – amended plans and documents – contentions resolved by amendments and expert evidence – appeal upheld.
Before: Porter C
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of development application DA2025/0248 for demolition works and construction of a detached dual occupancy (DA) at 34 Parkside Drive, Kogarah Bay NSW 2217 (site). The relevant...
DEVELOPMENT APPEAL — dual occupancy — conciliation conference — agreement between the parties — orders
Before: Porter C
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of development application DA/0095/24 for construction of an attached dual occupancy, deck and associated works, strata subdivision, relocation of sewer main and for the use ...
DEVELOPMENT APPEAL – dual occupancy – conciliation conference – agreement between the parties – orders
Before: Horton C
This appeal relates to Development Application No D/2025/987 which, as amended, seeks consent for part demolition of the existing structures to permit alterations and additions to an attached terrace dwelling and construction of a new garage with studio above to Withers Lane at Lot 3 in DP 252228, o...
DEVELOPMENT APPLICATION – dwelling house development in R1 General Residential zone – item of heritage significance – conciliation conference – agreement between parties – orders
Before: Espinosa C
DEVELOPMENT APPEAL – modification application roof digital advertising sign – change limited to dwell time - agreement between the parties - orders
DEVELOPMENT APPEAL – modification application roof digital advertising sign – change limited to dwell time - agreement between the parties - orders
Before: Porter C
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against conditions of consent imposed on the development consent issued for development application DA0076/25 for construction of a natural grass tennis court and associated works (DA) at 17 Bra...
DEVELOPMENT APPEAL – tennis court - conciliation conference - agreement between the parties - orders
Before: Gray C
This appeal concerns a development application for alterations and additions to an approved multi dwelling housing development including the construction of a new level (4th storey) comprising two (2) residential units and change of use to a residential flat building on the land at 18 Dolphin Street...
APPEAL – development application – amending application – change of use to residential flat building – conciliation conference – agreement reached – orders made
Before: O’Neill C
This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Development Application No 2024/00618 for alterations and additions to an existing operating service station including ancillary convenience store, si...
DEVELOPMENT APPLICATION – alterations and additions to a service station – conciliation conference – agreement between the parties – orders
Before: Kullen AC
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of development application DA/1496/2024 (the DA) for the subdivision of one (1) lot into two (2) Torrens title lots of the land described as Lot 11 DP 629366 at 203 Matcham R...
DEVELOPMENT APPEAL — conciliation conference — agreement between the parties — orders
Before: Pullinger AC
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), brought by Edgecliff Residences Pty Ltd and MHN Design Union Pty Limited (together, the Applicant), against the deemed refusal of Development Application DA2025/235 (the DA) by Woollahra Munici...
DEVELOPMENT APPLICATION — residential apartment building development — in-fill affordable housing — cl 4.6 written request — number of storeys — agreement between the parties — orders
Before: Targett C
DEVELOPMENT APPLICATION – industrial development – stormwater management – whether the impact on water flow in a natural waterbody will be minimised – orders
DEVELOPMENT APPLICATION – industrial development – stormwater management – whether the impact on water flow in a natural waterbody will be minimised – orders
Before: Pullinger AC
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), brought by Lawrence St Pty Ltd atf Lawrence St UT (the Applicant), against the deemed refusal of Development Application DA/2025/0077 (the DA) by Northern Beaches Council (the Respondent). At t...
DEVELOPMENT APPLICATION – shop top housing development – in-fill affordable housing – cl 4.6 written request – height of buildings – agreement between the parties – orders
Before: Starr AC
This is an appeal pursuant to the provision of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of Development Application No. DA/2025/0568, for alterations and additions to an existing semi-detached dwelling including partial demolition of ex...
DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders
Before: Harding AC
This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) by Patsy Tserpes (applicant). The appeal was lodged after the refusal of Development Application No. DA-167/2025 (development application) by Canterbury-Bankstown Council (respondent).
DEVELOPMENT APPLICATION – secondary dwelling – lot size – private open space – setbacks – character
Before: Pullinger AC
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), brought by AHG Homebush Pty Ltd (the Applicant), against the deemed refusal of Development Application eDA0170/25 (the DA) by Ku-ring-gai Council (the Respondent). At the date of its lodgement ...
DEVELOPMENT APPLICATION — residential apartment building development — in-fill affordable housing — cl 4.6 written request — height of buildings — floor space ratio — agreement between the parties — o...
Before: Espinosa C
DEVELOPMENT APPEAL — centre based child care facility — conciliation conference — agreement between the parties — orders
DEVELOPMENT APPEAL — centre based child care facility — conciliation conference — agreement between the parties — orders
Before: Gray C
This appeal concerns a development control order issued by Canterbury-Bankstown Council on 8 August 2025 (the order). The order was issued pursuant to s 9.34(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), which allows a development control order to be given in accordance w...
APPEAL – development control order – stop work order – conciliation conference – agreement reached – orders made
Before: Porter C
This appeal is about whether an assumed presence approach to surveying a critically endangered species, the Genoplesium insigne (variable midge orchid), allows for an assessment of serious and irreversible impacts under the Biodiversity Act 2016 (NSW) (BC Act). The Applicants, McMonigal Investments ...
DEVELOPMENT APPEAL – biodiversity values – critically endangered species – Genoplesium insigne – translocation plan – living dead – adequacy of assumed presence approach to surveys – inadequate inform...
Before: Kullen AC
This is an appeal pursuant to s 8.9 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of Modification Application MOD2025/0139 (the modification application) by the City of Canada Bay Council to modify development consent No DA2025/0062 (the development...
DEVELOPMENT APPEAL – s34AA – modification application – modification to reinstate roof top screening structure – orders
Before: Creagh AC
This appeal concerns a development application for demolition of existing structures and construction of a mixed-use development including residential, centre-based childcare, medical centre, commercial and retail at 544-550 Box Road, Jannali NSW 2226 (Lot 2 DP 202711 and Lot 2 DP 209152). Pursuant ...
APPEAL – development application – mixed-use development – conciliation conference – agreement between the parties – orders
Before: Kullen AC
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of development application No DA/287/2025 (the DA) for the partial demolition, alterations and additions to an existing dwelling, tree removal, infilling of an existin...
DEVELOPMENT APPEAL — conciliation conference — agreement between the parties — centre based child care facility — orders
Before: Espinosa C
MODIFICATION APPLICATION DIRECT TO THE COURT – modification to conditions of consent - conciliation conference – agreement between the parties - orders
MODIFICATION APPLICATION DIRECT TO THE COURT – modification to conditions of consent - conciliation conference – agreement between the parties - orders
Before: Targett C
APPEAL – Residential development application - conciliation conference – agreement between the parties - orders
APPEAL – Residential development application - conciliation conference – agreement between the parties - orders
Before: Gray C
This appeal concerns a development application for the staged subdivision of land in Norwest. The development application was lodged on 10 July 2024. Following the expiry of the period after which a development application is deemed to be refused, the applicant lodged an appeal pursuant to s 8.7 of ...
APPEAL – development application – subdivision of land – conciliation conference – agreement reached – orders made
Before: Dickson C
DEVELOPMENT APPLICATION – demolition and construction of multi-unit housing – conciliation conference – amended plans and documents – agreement between the parties – orders made.
DEVELOPMENT APPLICATION – demolition and construction of multi-unit housing – conciliation conference – amended plans and documents – agreement between the parties – orders made.
Before: O’Neill C
This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Development Application No DA-2024/63 for the demolition of a rear garage and swimming pool with fencing, alterations and additions to the existing dw...
DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders
Before: Pepper J
The Applicant Seeks Leave to Amend its Amended Summons By notice of motion filed on 30 June 2026, the applicant, Fred Caterson Champions Inc (“FCCI”), seeks to further amend its amended summons filed initially on 4 September 2025. The application is opposed by the respondent, The Hills Shire C...
PROCEDURE: late application to amend pleadings – applicable legal principles – inadequacy of explanation for delay in filing application – whether any genuine prejudice to the non-amending party – lea...
Before: Macken AC
This is an appeal brought under s 30(1) of the Heritage Act 1977 (NSW) (NSW Heritage Act) against the making of an Interim Heritage Order (IHO) by North Sydney Council (the Respondent) for six properties at 27-37 Bydown Street, Neutral Bay (the site). The IHO was made by the Respondent, pursuant to ...
INTERIM HERITAGE ORDER — dwelling house — likely heritage item — local heritage significance — orders
Before: Miller AC
This appeal concerns a development application DA312/2025 for alterations and additions to an approved residential flat building that will appear as five storeys at the street and seven storeys at the rear, with two levels of basement parking and communal area at 144 Bellevue Road, Bellevue Hill (Lo...
APPEAL — alterations and additions to an approved residential flat building — conciliation conference — agreement reached — orders made
Before: Espinosa C
DEVELOPMENT APPEAL – residential development – alterations and additions - conciliation conference – agreement between the parties - orders
DEVELOPMENT APPEAL – residential development – alterations and additions - conciliation conference – agreement between the parties - orders
Before: Pullinger AC
This is an appeal pursuant to s 8.9 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), brought by the owners of Strata Plan 1160 (the Applicant), against the deemed refusal of Modification Application DA-349/2013/D (the MA) by Waverley Council (the Respondent). The MA seeks to fu...
MODIFICATION APPLICATION – residential apartment development – agreement between the parties – orders
Before: Gray C
APPEAL – development application – farm gate premises – farm stay accommodation – permissibility – whether there will be a commercial farm – definition of commercial farm – meaning of primary production business – rural industry – definition of agricultural production business – whether brewery is a
APPEAL – development application – farm gate premises – farm stay accommodation – permissibility – whether there will be a commercial farm – definition of commercial farm – meaning of primary producti...
Before: Walsh C
APPEAL – development application – residential flat building – precinct in transition – development control plan abandonment – streetscape character response – tower above podium – reasonable design response to “borrowed” amenity
APPEAL – development application – residential flat building – precinct in transition – development control plan abandonment – streetscape character response – tower above podium – reasonable design r...
Before: Targett C
APPEAL – Development application - residential flat building - conciliation conference – agreement between the parties - orders
APPEAL – Development application - residential flat building - conciliation conference – agreement between the parties - orders
Before: Targett C
APPEAL — Development application — conciliation conference — agreement between the parties — orders
APPEAL — Development application — conciliation conference — agreement between the parties — orders
Before: Pain J
CIVIL PROCEDURE – refusal of leave to rely on further evidence in chief in contempt proceedings
CIVIL PROCEDURE – refusal of leave to rely on further evidence in chief in contempt proceedings
Before: Targett C
APPEAL – Modification Applications – conciliation conference – agreement between the parties – orders
APPEAL – Modification Applications – conciliation conference – agreement between the parties – orders
Before: Targett C
APPEAL – Development application – conciliation conference – agreement between the parties – orders
APPEAL – Development application – conciliation conference – agreement between the parties – orders
Before: Targett C
APPEAL — Residential development application — dual occupancy — conciliation conference — agreement between the parties — orders
APPEAL — Residential development application — dual occupancy — conciliation conference — agreement between the parties — orders
Before: Washington C
This appeal has been brought to the Court pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act). A conciliation conference and hearing were arranged by the Court pursuant to s 34AA of the Land and Environment Court Act 1979 (NSW) (LEC Act), which was held on 28 and ...
DEVELOPMENT APPLICATION – construction of waterfront access stairs and waterfront structures – conciliation conference – agreement between the parties – orders
Before: Washington C
DEVELOPMENT APPLICATION – two detached dwelling houses – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – two detached dwelling houses – conciliation conference – agreement between the parties – orders
Before: Pullinger AC
This is an appeal pursuant to the provisions of s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), brought by Broken Hill Investments Pty Ltd (the Applicant), against the refusal of Development Application DA334/2023 (the DA) by Woollahra Municipal Council (the Respondent)....
APPEAL – development application – residential apartment development – heritage conservation – orders
Before: Targett C
APPEAL – Residential development application - conciliation conference – agreement between the parties - orders
APPEAL – Residential development application - conciliation conference – agreement between the parties - orders
Before: Duggan J
This is an appeal that comes to the Court from a refusal of the Snowy Monaro Regional Council (Council) to modify an existing development consent. The existing development consent related to a quarry for which consent was granted on 8 October 2000 (Original Consent) and subsequently modified in Augu...
CIVIL PROCEDURE — application for joinder — s 8.15 of the Environmental Planning and Assessment Act 1979 (NSW) — r 6.24 of the Uniform Civil Procedure Rules 2005 (NSW) — whether issues raised would be...
Before: Peatman AC
DEVELOPMENT APPLICATION — demolition — dual occupancy — strata subdivision — conciliation conference — agreement between the parties — orders
DEVELOPMENT APPLICATION — demolition — dual occupancy — strata subdivision — conciliation conference — agreement between the parties — orders
Before: Dixon SC
This is an appeal pursuant to s 8.9 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal by Blacktown City Council of a modification application (MOD-24-00154) seeking approval of works and an extension of the trading hours over part of the internal and public a...
MODIFICATION APPLICATION – substantially the same development – s 4.55(2) of the Environmental Planning and Assessment Act 1979 (NSW) – hotel and motel building use – ‘essence’ of the development
Before: Swan AC
This appeal was lodged by Jhumur Das (the Applicant) under s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) and relates to the deemed refusal by Penrith City Council (Council) of development application number DA25/0856 (DA). As amended, the DA seeks consent for demolit...
DEVELOPMENT APPLICATION – demolition of existing structures – Nineteen lot Torrens title subdivision – acoustic barriers – vegetation management plan – conciliation conference – agreement between the ...
Before: Swan AC
This appeal is lodged by Group Architects Pty Ltd pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the actual refusal of development application DA-2024/296. As amended, the development application (DA) seeks consent for demolition of an existing bui...
DEVELOPMENT APPLICATION – demolition of decommissioned substation building – storage premises - conciliation conference – agreement between the parties – orders made
Before: Espinosa C
DEVELOPMENT APPEAL – modification application – residential development – minimal environmental impact – substantially the same development – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPEAL – modification application – residential development – minimal environmental impact – substantially the same development – conciliation conference – agreement between the parties – ...
Before: Miller AC
This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EP&A Act) against the refusal of Development Application eDA0094/25 for demolition of the existing dwelling house and associated structures and the construction of a dwelling house, ...
APPEAL — development application — dwelling house — conciliation conference — agreement reached — orders made
Before: Porter C
DEVELOPMENT APPEAL – use and works to an existing hotel and entertainment space - conciliation conference – agreement between the parties – orders
DEVELOPMENT APPEAL – use and works to an existing hotel and entertainment space - conciliation conference – agreement between the parties – orders
Before: Froh R
JOINDER — application for joinder — statutory tests — issues proposed to be raised by applicant for joinder — public interest
JOINDER — application for joinder — statutory tests — issues proposed to be raised by applicant for joinder — public interest
Before: Washington C
The Court orders: The appeal is upheld. Development application DA24/1021 for the Torrens title subdivision of one lot into two, construction of a driveway and installation of a wastewater system, tree removal and ancillary works at 439 Fairlight Road, Mulgoa, Lot 2 in DP1250976 is determi...
DEVELOPMENT APPLICATION — application for subdivision and associated works — impact on scenic and landscape qualities of Mulgoa Valley — consideration of building envelopes — appeal upheld
Before: Dickson C
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the actual refusal of development application DA 124/2025. As amended the development application seeks consent for the demolition of the existing swimming pool, garage and part of the d...
DEVELOPMENT APPLICATION — partial demolition of improvements and alterations and additions to existing dwelling — conciliation conference — amended plans and documents – agreement between the parties ...
Before: Washington C
DEVELOPMENT APPLICATION – construction of a dual occupancy dwelling – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – construction of a dual occupancy dwelling – conciliation conference – agreement between the parties – orders
Before: Dickson C
This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of development application D/2025/869. As amended, the development application seeks consent for the alterations and additions to an existing dwelling house. The de...
DEVELOPMENT APPLICATION – alterations and additions to an existing dwelling – conciliation conference – agreement between the parties – orders made
Before: Walsh C
DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders
DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders
Before: Dickson C
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of development application DA/2025/0266. As amended the development application seeks consent for the construction of a four storey building including tree removal, mi...
DEVELOPMENT APPLICATION – alterations and additions, new four storey building for use as co-living housing – conciliation conference – amended plans and documents – agreement between the parties – ord...
Before: Pullinger AC
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), brought by Fasoula Pty Ltd (the Applicant), against the refusal of Development Application DA2023/0572 (the DA) by Georges River Council (the Respondent). At the date of its lodgement on 7 Dece...
DEVELOPMENT APPLICATION – residential apartment building development – cl 4.6 written request – height of buildings – agreement between the parties – orders
Before: Robson J
PRACTICE AND PROCEDURE — Civil enforcement proceedings — Applicant sought leave to discontinue — Third respondent did not consent — Leave granted — Notice of discontinuance filed
PRACTICE AND PROCEDURE — Civil enforcement proceedings — Applicant sought leave to discontinue — Third respondent did not consent — Leave granted — Notice of discontinuance filed
Before: Starr AC
This is an appeal pursuant to the provision of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Development Application No DA/2025/0049 for the demolition of existing structures, Torrens title subdivision of the existing lot(s) into 4 allotments, ...
DEVELOPMENT APPLICATION – conciliation conference – agreement reached – amended plans and documents – cl 4.6 variation – orders made
Before: Dickson C
DEVELOPMENT APPLICATION — Torrens title subdivision — no works proposed — conciliation conference — amended plans and documents — agreement reached between the parties — orders made
DEVELOPMENT APPLICATION — Torrens title subdivision — no works proposed — conciliation conference — amended plans and documents — agreement reached between the parties — orders made
Before: Creagh AC
This appeal concerns a development application for demolition of existing structures and construction of a residential flat building above basement parking at 18-20 Victoria Parade, Manly. Pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), the appeal was commenc...
APPEAL – development application – residential flat building – conciliation conference – agreement between the parties – orders
Before: Beasley J
CIVIL PROCEDURE — Notice of motion seeking joinder — Heritage impacts — Privacy impacts — Application for joinder dismissed
CIVIL PROCEDURE — Notice of motion seeking joinder — Heritage impacts — Privacy impacts — Application for joinder dismissed
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