Exploring planning, environment, and local government law issues in New South Wales
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.
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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.
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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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In a decision that clarifies the extent to which planning authorities can impose deferred commencement conditions, the Land and Environment Court has clarified that such conditions cannot be imposed on the granting of a modification of consent.
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The recent decision of Burns v Queanbeyan-Palerang Regional Council provides a concise summary of the principles to consider when appealing a judgment of the Land and Environment Court.
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What are “Class 1” proceedings, who are typically involved, and what will the Court require of the parties?
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The decision of Council of the Kool Family Developments Pty Ltd v City of Ryde Council provides a reminder that objectives of the zone are a relevant consideration when considering the merits of a development application.
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The recent decision of Sader v Elgammal provides some timely comments from the Court regarding consistency between development consents and construction certificates.
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In the case of Ballina Shire Council v Joblin [2022] NSWLEC 90, the Land and Environment Court of New South Wales underscored the paramount importance of drafting clear and unambiguous orders.
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The decision of Council of the City of Ryde v Network Developments NSW provides a warning to those obtaining complying development certificates (known as CDCs). In particular, it is critical that the lawfulness of issuing a CDC is considered at the date of issue.
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The Development Site 