Who decides which planning controls apply? – Ross v Lane
A development can have significant consequences for a neighbour without amounting to “substantial redevelopment” of the building itself.
Read MoreCategory: Court of Appeal
The making of an application – Hinkler Ave 1 Pty Limited v Sutherland Shire Council
Duty of care on construction sites – Horne v J K Williams Contracting Pty Ltd
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.
Read MoreThe reason for reasons – Al Maha v Huajun Investments
In 2018, the NSW Court of Appeal handed down a very important judgment which changed the approach to the publication of reasons by Commissioners in the Land and Environment Court.
Read MoreNo mods of Contribution Conditions – Ku-ring-gai Council v Buyozo Pty Ltd
In Ku-ring-gai Council v Buyozo Pty Ltd [2021] NSWCA 177, the NSW Court of Appeal determined that there is no power to modify a development consent to amend a condition of consent requiring a monetary contribution.
Read MoreMods of Mods – AQC Dartbrook Management v THE Minister
A judgment of the NSW Supreme Court of Appeal has raised significant doubts regarding the power to amend a modification application.
Read MoreLapsing of development consents – Cando v Cumberland Council
In Cando Management and Maintenance Pty Ltd v Cumberland Council, the New South Wales Court of Appeal considered whether a development consent had lapsed.
Read MoreMinimum lot sizes under SEPPs – UPG v Blacktown City Council
On 9 June 2020 the Court of Appeal handed down a decision which considered the interaction of minimum lot size clauses across two State Environmental Planning Policies.
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