Costs in Compulsory Acquisition – UPG 72 v Blacktown City Council (No 2)
Even where a landowner fails to beat the Valuer-General’s determination, the Court may still award them costs.
Read MoreCategory: Land and Environment Court
Heritage Foreshore Showdown – Inner West Council v XYZ Services Pty Limited
This decision delivers some reminders when dealing with variation requests, development within the foreshore, owner’s consent, and the ways in which the Court will consider controls within local environmental plans.
Read MoreWhen can a neighbour join in – Optus Mobile Pty Ltd v Central Coast Council
In a recent procedural ruling, the Land and Environment Court allowed a nearby landowner to join a Class 1 appeal concerning a 30-metre telecommunications tower.
Read MoreWhen Is a Class 1 Appeal an Abuse of Process – Malass v Strathfield Municipal Council
Despite a long and fraught litigation history and striking similarities between the two applications, the Court ultimately allowed the new merit appeal to proceed, finding it was not an abuse of process.
Read MoreCosts in Class 4 Proceedings – Joseph v Kiama Municipal Council
There can be serious cost consequences in Class 4 appeals to the Land and Environment Court.
Read MoreDigital Signage – Save the Robots v The Council of the City of Sydney
Clause 4.6 and SEPP Development Standards – Ku-ring-gai Council v Pathways Property Group Pty Ltd
The decision in Ku-ring-gai Council v Pathways Property Group Pty Ltd (Pathways) provides an important precedent on the application of clause 4.6 of a local environmental plan to vary development standards imposed by a State environmental planning policy.
Read MoreNavigating the Land and Environment Court – Key Processes Explained
The Land and Environment Court process can be unfamiliar to most – this article provides a high level overview of the processes.
Read MoreThe Basics of “Amending Development Applications”
In Australian Village No. 12 – Gladstone St Pty Ltd v Inner West Council, the Land and Environment Court explained the concept and identified common confusions that can arise with “amending development applications”.
Read MoreThe Essential Services Clause – Georges River Council v Eskander
The judgment of Georges River Council v Eskander [2024] NSWLEC 98 provides insight into how courts approach requirements for adequate arrangements for essential services.
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The Development Site 