Planning Principles 101
This article explores the introduction, importance, and practical application of planning principles in the Land and Environment Court
Read More
Clearing under the Local Land Services Act: Secretary Department of Planning and Environment v Khouzame
The recent case of Secretary Department of Planning and Environment v Khouzame serves as a reminder of the stringent requirements surrounding the clearing of native vegetation.
Read MoreThe Requirement for Particulars: Gales-Kingscliff Pty Ltd v Tweed Shire Council (No. 2)
The judgment in Gales-Kingscliff Pty Ltd v Tweed Shire Council (No. 2) [2007] NSWLEC 817 underscores the critical need for detailed particulars in Statements of Fact and Contentions.
Read MoreRisks of seeking cost orders: CBUS Property v North Sydney Council
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.
Read MoreCrucial Role of Section 68 Approvals: Ballina Island Developments Pty Ltd v Ballina Shire Council
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.
Read MoreEstablishing legal errors and navigating “substantially the same”
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.
Read MoreLegal Risks in Council Contracts: Insights from Cessnock City Council v 123 259 932 Pty Ltd
The recent High Court judgment of Cessnock City Council v 123 259 932 Pty Ltd [2024] HCA 17 offers valuable lessons for councils nationwide with respect to contractual arrangements and the risks involved in development. It serves as a vital reminder of the significant consequences of contractual non-compliance.
Read MoreThe making of an application – Hinkler Ave 1 Pty Limited v Sutherland Shire Council
Deferred Commencement Conditions – Peake Pearce Pty Ltd v Georges River Council
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.
Read MoreDuty of care on construction sites – Horne v J K Williams Contracting Pty Ltd
In Horne v J K Williams Contracting Pty Ltd, the Supreme Court of Appeal considered whether there was a duty of the builder to illuminate a barricade or place warning signs regarding a barricade on a public road.
Read More
The Development Site 