Mods 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 MoreCategory: Land and Environment Court
Clause 4.6 Variations – MS Windsor St v Hawkesbury City Council
The law A local environmental plan (LEP) is a piece of legislation that guides planning decisions for local government areas through zoning and development controls. Each local government area will have one or more LEPs.
Read MoreCompatibility – Project Venture Developments v Pittwater Council
Project Venture Development Pty Ltd v Pittwater Council provides us with guidance when considering the compatability of a proposal within its local area.
Read MoreLandscaping to protect privacy – Super Studio v Waverley Council
The judgment of Super Studio v Waverley Council provides us with the planning principle in relation to the use of landscaping to protect privacy.
Read MorePlans of Management – Renaldo Plus 3 Pty Limited v Hurstville City Council
What questions should be considered in relation to whether a Plan of Management is appropriate for a particular situation?
Read MoreOwners Consent Requirements – Stokes v Waverley Council
In Stokes v Waverley Council, the Land and Environment Court reiterated that a consent authority may issue a development consent that includes conditions requiring works to be undertaken on adjoining land.
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.
Read MoreExtent of Demolition – Coorey v Municipality of Hunters Hill
The judgment of Coorey v Municipality of Hunters Hill provides us with the appropriate considerations for determining whether a development application should be characterised as “additions and alterations” or an application for “a new building”.
Read MoreView Sharing – Tenacity Consulting v Warringah Council
The judgment of Tenacity Consulting v Warringah Council provides us with a four step assessment process to be used when making planning decisions with respect to view sharing.
Read MoreConsideration of Development Control Plans – Stockland Development Pty Ltd v Manly Council
In a judgment handed down at the end of 2019, the Court reiterated the principles set down in Stockland Development Pty Ltd v Manly Council regarding the consideration of development control plans.
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