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

Category: Land and Environment Court

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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Appeals of 8.2 Reviews – Urban Link Architects Pty Ltd v City of Parramatta Council

November 3, 2024.Reading time 4 minutes.

In the recent judgment, the Land and Environment Court tackled a key procedural issue: whether the outcome of a Section 8.2 review is appealable.

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Key Lessons for DA Assessment – Nicholas Tang Holdings Pty Limited v Berbic and Wingecarribee Shire Council

September 12, 2024.Reading time 8 minutes.

In the case Nicholas Tang Holdings Pty Limited v Berbic and Wingecarribee Shire Council [2024] NSWLEC 95, the Land and Environment Court invalidated the council’s development consent due to errors in its assessment process.

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Zombie Consents – Whites Beach Investments Pty Ltd v Byron Shire Council

July 27, 2024.Reading time 5 minutes.

In the recent judgment of Whites Beach Investments Pty Ltd v Byron Shire Council, the Land and Environment Court addressed whether a development consent issued in 1978 for the erection of a country dwelling had lapsed.

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Mascot Towers and its impact on surrounding development – C&V Engineering v Valuer General of NSW

June 4, 2024.Reading time 6 minutes.

The case C & V Engineering Co Pty Ltd as Trustee for the Pizzolato Settlement v Department of Planning Industry and Environment – Valuer General of NSW [2024] NSWLEC 57 provides important insights into the complexities surrounding land valuation in urban environments, particularly when adjacent to developments like Mascot Towers.

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A Case Study on BDAR Compliance: Planners North v Ballina Council

May 30, 2024.Reading time 7 minutes.

Planners North v Ballina Council [2021] NSWLEC 120 serves as a reminder of the role of BDARs in the development approval process.

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Clearing under the Local Land Services Act: Secretary Department of Planning and Environment v Khouzame

May 23, 2024.Reading time 6 minutes.

The recent case of Secretary Department of Planning and Environment v Khouzame serves as a reminder of the stringent requirements surrounding the clearing of native vegetation.

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The Requirement for Particulars: Gales-Kingscliff Pty Ltd v Tweed Shire Council (No. 2)

May 22, 2024.Reading time 7 minutes.

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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