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Planning and environment

Para-ere Holdings Pty Ltd v Northern Beaches Council

The Court upheld the appeal on an agreed s 34 resolution and granted development consent for shop top housing at 22 Raglan Street, Manly, with costs thrown away ordered.

  • Development consent
  • Conciliation conference
  • Costs thrown away
  • Shop top housing
  • Affordable housing bonus provisions
  • Heritage conservation
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Planning and environment

Lane Cove Municipal Council v Wechsler (No 2)

The Court ordered the Respondents to pay the Council’s costs of the proceedings and of a stay motion, finding no basis to depart from the usual costs rule.

  • Costs follow the event
  • Civil enforcement proceedings
  • Stay application
  • Development consent
  • Costs
  • Costs-follow-the-event
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Planning and environment

St Wanas Coptic Orthodox Church v Canterbury Bankstown Council

Class 1 development appeal upheld after conciliation; consent granted for a church and ancillary works at Belfield, with costs thrown away ordered against the applicant.

  • Development consent
  • Class 1 appeal
  • Conciliation conference
  • Architectural roof features
  • Height variation
  • Stormwater easement
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Planning and environment

Dangar (Penrith) Pty Ltd v Canterbury-Bankstown Council

Class 1 development appeal upheld after conciliation conference. The Court granted consent for a single-storey dwelling over basement at 72A Duntroon Street, Hurlstone Park.

  • Development application
  • Development consent
  • Conciliation conference
  • Residential development
  • Heritage conservation
  • Acid sulfate soils
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Planning and environment

McCourt v Mosman Municipal Council

The Court dismissed objectors’ joinder application in a Class 1 planning appeal, finding the visual impact and view loss issues were already before the Court.

  • Joinder
  • Costs
  • Visual impact
  • View loss
  • Conciliation process
  • View-loss
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Planning and environment

Cartledge v Dhadlie

Neighbouring-tree dispute under the Trees Act. The Court ordered limited pruning and access arrangements, but required the applicant to pay for the works.

  • Neighbouring trees
  • Tree pruning orders
  • Likelihood of damage to property
  • Costs of works where applicant contributed to damage
  • Access to land for tree works
  • Neighbouring-trees
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Planning and environment

Zhu v Hergol Holdings Pty Ltd

The Court made consent orders requiring the respondent to remove two trees, arrange an arborist, grant access, and pay $2,640 compensation for roof damage.

  • Trees (disputes between neighbours) act 2006
  • Tree removal
  • Property damage by trees
  • Conciliation conference
  • Compensation for damage
  • Trees-disputes-between-neighbours-act
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Planning and environment

Grand Rozelle Pty Ltd v Transport for NSW

The Court dismissed Grand Rozelle Pty Ltd’s motion to set aside part of a notice to produce, finding the documents had apparent relevance and production was not oppressive.

  • Notice to produce
  • Apparent relevance
  • Oppression
  • Abuse of process
  • Interlocutory procedure
  • Notice-to-produce
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Planning and environment

Foresti v Georges River Council

The Court upheld appeals by Jessica Tomini Foresti and made agreed orders granting consent for amended pool-related works and directing issue of a BIC.

  • Development application
  • Building information certificate
  • Conciliation conference
  • Unauthorised works
  • Stormwater management
  • Residential zoning
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Planning and environment

Daher v Penrith City Council

The Court upheld the appeal without a merits hearing, granting consent to the amended childcare centre proposal at St Marys and ordering $5,000 costs thrown away.

  • Childcare centre development consent
  • Conciliation conference
  • Costs thrown away
  • Amendment of development application
  • Development standards and environmental assessment
  • Childcare-centre
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.