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NSW Land & Environment Court decisions — Class 1 (merit appeals) and Class 4 (civil enforcement). 128 judgments categorised by planning topic, updated automatically.
Liddell v Hawkesbury City Council [2026] NSWLEC 1314
Investment 8888 v Blacktown City Council [2026] NSWLEC 1315
Arcadia Construction (NSW) Pty Ltd v Bayside Council [2026] NSWLEC 1316
Stassos v Canterbury-Bankstown Council [2026] NSWLEC 1313
John Bruce Grant v Kiama Municipal Council (No 2) [2026] NSWLEC 67
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 – 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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
About this data
Decisions are sourced from NSW Caselaw and categorised automatically by planning topic. Categories are assigned based on catchwords and judgment text. Always read the full judgment for authoritative interpretation.