What is a “building” – Ballina Shire Council v Joblin

July 25, 2022.Reading time 11 minutes.

In a decision delivered by the Court on Friday 22 July, the Court considered the meaning of “building” in the context of a development control order.

Lapsing of development consents – Donvito v Hawkesbury City Council

May 23, 2022.Reading time 10 minutes.

When a local council and an applicant are in disagreement, the Court has the power to determine whether a consent has lapsed (or not).

Looking into the crystal ball – Parrot v Kiama Municipal Council

May 17, 2022.Reading time 4 minutes.

The judgment of Parrot v Kiama Municipal Council provides guidance with respect to development applications for subdivision, and when we may need to consider the impacts of future development on the land (like houses or other structures).

The reason for reasons – Al Maha v Huajun Investments

May 15, 2022.Reading time 9 minutes.

In 2018, the NSW Court of Appeal handed down a very important judgment which changed the approach to the publication of reasons by Commissioners in the Land and Environment Court.

Retrospective approval – Windy Dropdown v Warringah Council

February 17, 2022.Reading time 4 minutes.

There are very limited pathways available to obtain approval for development that has already been carried out.

Noise Attenuation – Stockland Developments v Wollongong Council

January 7, 2022.Reading time 5 minutes.

The judgment of Stockland Developments v Wollongong Council provides us with direction as to the preferred method of noise attenuation with respect to development.

Mods of Mods – AQC Dartbrook Management v THE Minister

June 16, 2021.Reading time 9 minutes.

A judgment of the NSW Supreme Court of Appeal has raised significant doubts regarding the power to amend a modification application.

Clause 4.6 Variations – MS Windsor St v Hawkesbury City Council

May 7, 2021.Reading time 6 minutes.

The law A local environmental plan (LEP) is a piece of legislation that guides planning decisions for local government areas through zoning and development controls. Each local government area will have one or more LEPs.

Compatibility – Project Venture Developments v Pittwater Council

April 14, 2021.Reading time 4 minutes.

Project Venture Development Pty Ltd v Pittwater Council provides us with guidance when considering the compatability of a proposal within its local area.