Your Questions: Bowie Ferris Investments v Woollahra Municipal Council

December 3, 2024.Reading time 6 minutes.

Following on from a recent article on this judgment, we answer your questions about the judgment and consequences of it.

Heritage Use and Adaptive Reuse: Lessons from Bowie Ferris Investments v Woollahra Municipal Council

November 30, 2024.Reading time 5 minutes.

As demonstrated by the recent decision in Bowie Ferris Investments Pty Ltd v Woollahra Municipal Council, heritage listings can also present significant challenges, particularly when the use of a building is integral to its heritage value.

Navigating Clause 4.6 Variation Requests – Petersham High Pty Ltd v Inner West Council

November 26, 2024.Reading time 6 minutes.

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.

5 Conditions of Consent Councils Need to Nail: Insights from the Court

November 21, 2024.Reading time 6 minutes.

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.

Uncovering Non-Compliance – Urch v Canterbury-Bankstown Council

November 18, 2024.Reading time 4 minutes.

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.

Proposals in flux – KRV Investments Pty Ltd v Liverpool City Council

November 16, 2024.Reading time 5 minutes.

In this recent decision, the Land and Environment Court highlighted a critical issue in development assessment – late-stage changes to a development application.

The Importance of Clear Expert Reasoning – Tang v Newcastle City Council

November 13, 2024.Reading time 4 minutes.

Expert evidence – and the clarity of its reasoning – can play a critical role in determining heritage outcomes.

Appeals of 8.2 Reviews – Urban Link Architects Pty Ltd v City of Parramatta Council

November 3, 2024.Reading time 4 minutes.

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.

A Road or Not a Road? That is the Question: Henroth v Canterbury-Bankstown Council

October 31, 2024.Reading time 5 minutes.

The legal interpretation of what constitutes a “road” plays a significant role in property development, particularly when access roads serve adjacent structures in zones with distinct planning constraints.

Key Lessons for DA Assessment – Nicholas Tang Holdings Pty Limited v Berbic and Wingecarribee Shire Council

September 12, 2024.Reading time 8 minutes.

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.