Navigating Clause 4.6 Variation Requests – Petersham High Pty Ltd v Inner West Council
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.
Read MoreCategory: Land and Environment Court
5 Conditions of Consent Councils Need to Nail: Insights from the Court
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.
Read MoreUncovering Non-Compliance – Urch v Canterbury-Bankstown Council
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.
Read MoreProposals in flux – KRV Investments Pty Ltd v Liverpool City Council
In this recent decision, the Land and Environment Court highlighted a critical issue in development assessment – late-stage changes to a development application.
Read MoreThe Importance of Clear Expert Reasoning – Tang v Newcastle City Council
Expert evidence – and the clarity of its reasoning – can play a critical role in determining heritage outcomes.
Read MoreAppeals 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.
Read MoreKey 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.
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The Development Site 