Appeals of 8.2 Reviews – Urban Link Architects Pty Ltd v City of Parramatta Council
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
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.
Read MoreZombie Consents – Whites Beach Investments Pty Ltd v Byron Shire Council
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.
Read MoreMascot Towers and its impact on surrounding development – C&V Engineering v Valuer General of NSW
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.
Read MoreA Case Study on BDAR Compliance: Planners North v Ballina Council
Planners North v Ballina Council [2021] NSWLEC 120 serves as a reminder of the role of BDARs in the development approval process.
Read MoreClearing under the Local Land Services Act: Secretary Department of Planning and Environment v Khouzame
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.
Read MoreThe Requirement for Particulars: Gales-Kingscliff Pty Ltd v Tweed Shire Council (No. 2)
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.
Read MoreRisks of seeking cost orders: CBUS Property v North Sydney Council
The recent judgment of CBUS Property Pty Ltd v North Sydney Council highlights the complexities involved in seeking costs in Class 1 proceedings. This judgment provides important insights into the Court’s considerations when determining costs and the implications for local councils and applicants when bringing such motions.
Read MoreCrucial Role of Section 68 Approvals: Ballina Island Developments Pty Ltd v Ballina Shire Council
The Land and Environment Court of New South Wales recently dismissed appeals by Ballina Island Developments Pty Ltd against Ballina Shire Council, highlighting the critical need for section 68 approvals in addition to development consents.
Read MoreEstablishing legal errors and navigating “substantially the same”
The recent case of Canterbury-Bankstown Council v Realize Architecture Pty Ltd sheds light on critical legal nuances in appealing the decisions of Commissioners in the Land and Environment Court.
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The Development Site 