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Australia Case Law

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Planning and environment law

Christian Education Ministries Pty Ltd v Singleton Council

The Court upheld the appeal and granted consent for the staged school expansion, but rejected conditions imposing an interim student cap, extra parking triggers, and a council-funded turn lane.

  • Development application
  • Staged development
  • Traffic safety
  • Car parking
  • Conditioning of development consent
  • Road intersection upgrade
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Planning and environment law

Folder v Mosman Council

Class 1 development appeal upheld after conciliation conference, with consent granted for alterations and additions to a dwelling at 46 Parriwi Road, Mosman.

  • Development application
  • Heritage item
  • Conciliation conference
  • Height of buildings development standard
  • Wall height development standard
  • Lep clause 4.6 variation
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Planning and environment law

DPG Project 56 Pty Ltd v North Sydney Council

The Court upheld a Class 1 planning appeal, granted consent to an amended nine-storey residential flat building, and ordered costs thrown away against the applicant.

  • Development application
  • Conciliation conference
  • Costs thrown away
  • Affordable housing
  • Clause 4.6 variation
  • Residential flat building
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Planning and environment law

Salerno Holdings Pty Ltd v Ku-ring-gai Council

Appeal over a residential flat building in Lindfield succeeded in principle, with the Court finding the design, landscaping and local character response acceptable.

  • Development application
  • Residential flat building
  • Site dimensions
  • Landscaping
  • Local character
  • Development consent conditions
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Planning and environment law

Toki v Ku-ring-gai Council

The Court upheld an appeal against deemed refusal and granted consent for a Torrens title subdivision and new dwelling house at Pymble, subject to conditions.

  • Development application
  • Subdivision
  • Dwelling house
  • Conciliation conference
  • Biodiversity
  • Stormwater
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Environment and planning

Harris v Randwick City Council

The Court approved a cl 4.6 variation, upheld the appeal, and granted consent for amended backpackers’ accommodation works at 171 Arden St, Coogee.

  • Development application
  • Conciliation conference
  • Consent conditions
  • Clause 4.6 variation request
  • Heritage
  • Contamination
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Planning and environment law

Ly v Fairfield City Council

The Court upheld a Class 1 development appeal and, by consent after conciliation, granted approval for a two-storey dwelling at Canley Vale subject to Annexure A conditions.

  • Development application
  • Conciliation conference
  • Residential dwelling
  • Flood planning
  • Basix
  • Consent to amended application
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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.