Exploring planning, environment, and local government law issues in New South Wales
The judgment in Gales-Kingscliff Pty Ltd v Tweed Shire Council (No. 2) [2007] NSWLEC 817 underscores the critical need for detailed particulars in Statements of Fact and Contentions.
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The recent judgment of CBUS Property Pty Ltd v North Sydney Council highlights the complexities involved in seeking costs in Class 1 proceedings. This judgment provides important insights into the Court’s considerations when determining costs and the implications for local councils and applicants when bringing such motions.
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The Land and Environment Court of New South Wales recently dismissed appeals by Ballina Island Developments Pty Ltd against Ballina Shire Council, highlighting the critical need for section 68 approvals in addition to development consents.
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The recent case of Canterbury-Bankstown Council v Realize Architecture Pty Ltd sheds light on critical legal nuances in appealing the decisions of Commissioners in the Land and Environment Court.
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The recent High Court judgment of Cessnock City Council v 123 259 932 Pty Ltd [2024] HCA 17 offers valuable lessons for councils nationwide with respect to contractual arrangements and the risks involved in development. It serves as a vital reminder of the significant consequences of contractual non-compliance.
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In a decision that clarifies the extent to which planning authorities can impose deferred commencement conditions, the Land and Environment Court has clarified that such conditions cannot be imposed on the granting of a modification of consent.
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In Horne v J K Williams Contracting Pty Ltd, the Supreme Court of Appeal considered whether there was a duty of the builder to illuminate a barricade or place warning signs regarding a barricade on a public road.
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The recent decision of Burns v Queanbeyan-Palerang Regional Council provides a concise summary of the principles to consider when appealing a judgment of the Land and Environment Court.
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What are “Class 1” proceedings, who are typically involved, and what will the Court require of the parties?
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The Development Site 