This decision delivers some reminders when dealing with variation requests, development within the foreshore, owner’s consent, and the ways in which the Court will consider controls within local environmental plans.

In a recent procedural ruling, the Land and Environment Court allowed a nearby landowner to join a Class 1 appeal concerning a 30-metre telecommunications tower.

Despite a long and fraught litigation history and striking similarities between the two applications, the Court ultimately allowed the new merit appeal to proceed, finding it was not an abuse of process.

There can be serious cost consequences in Class 4 appeals to the Land and Environment Court.

The decision in Ku-ring-gai Council v Pathways Property Group Pty Ltd (Pathways) provides an important precedent on the application of clause 4.6 of a local environmental plan to vary development standards imposed by a State environmental planning policy.