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Exploring planning, environment, and local government law issues in New South Wales

Category: Land and Environment Court

Understanding Existing Use Rights – Blues Point Hotel Property Pty Ltd v North Sydney Council

January 3, 2025.Reading time 8 minutes.

The case of Blues Point Hotel Property Pty Ltd v North Sydney Council [2021] NSWLEC 27 offers valuable insights into the interpretation and application of existing use rights.

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Sydney Metro’s Role – Lessons from Symin v The Hills Shire Council

December 30, 2024.Reading time 5 minutes.

The recent decision in Symin v The Hills Shire Council [2024] NSWLEC 1840 highlights the complexities of residential development above critical infrastructure, with Sydney Metro playing a role in the proceedings.

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Navigating Consent Orders – Insights from Billyard Avenue Developments v The Council of the City of Sydney

December 21, 2024.Reading time 6 minutes.

The Land and Environment Court’s decision in Billyard Avenue Developments Pty Limited v The Council of the City of Sydney serves as a powerful reminder of the importance of adhering to planning controls and understanding the boundaries of consent orders.

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Visual Impact and Suitability – Amplitel Pty Limited v The Hills Shire Council

December 7, 2024.Reading time 7 minutes.

In the recent decision of Amplitel Pty Limited v The Hills Shire Council highlights significant considerations for assessing DAs involving telecommunications infrastructure.

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Lessons in subdivision controls – JS Architects Pty Ltd v Randwick City Council

December 4, 2024.Reading time 6 minutes.

In a recent Land and Environment Court decision, JS Architects Pty Ltd v Randwick City Council, the Court clarified how minimum lot size controls should be applied when assessing strata subdivisions.

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Navigating Clause 4.6 Variation Requests – Petersham High Pty Ltd v Inner West Council

November 26, 2024.Reading time 6 minutes.

The recent decision in Petersham High Pty Ltd v Inner West Council offers insights into the use and assessment of clause 4.6 variation requests.

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5 Conditions of Consent Councils Need to Nail: Insights from the Court

November 21, 2024.Reading time 6 minutes.

In a recent judgment, the NSW Land and Environment Court clarified some important considerations that must be adhered to when drafting and defending conditions of consent. Here are five lessons every local council should consider.

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Uncovering Non-Compliance – Urch v Canterbury-Bankstown Council

November 18, 2024.Reading time 4 minutes.

The key phrases of the judgment reference “substantial non-compliant excavation and building works,” yet, like many similar cases, it leaves the full extent of these issues open to interpretation.

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Proposals in flux – KRV Investments Pty Ltd v Liverpool City Council

November 16, 2024.Reading time 5 minutes.

In this recent decision, the Land and Environment Court highlighted a critical issue in development assessment – late-stage changes to a development application.

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The Importance of Clear Expert Reasoning – Tang v Newcastle City Council

November 13, 2024.Reading time 4 minutes.

Expert evidence – and the clarity of its reasoning – can play a critical role in determining heritage outcomes.

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