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Environment and planning

KDBORZ Holdings Pty Ltd v Newcastle City Council

The Court upheld the appeal and granted development consent for a five-dwelling development at 134 Douglas Street, Stockton, under a s 34 agreement.

  • Development consent
  • Conciliation conference
  • S 34 agreement
  • Clause 4.6 variation
  • Conditions of consent
  • Multi dwelling housing
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Planning and environment law

MP Development 10 Pty Ltd v Northern Beaches Council

The Court upheld the appeal and granted consent for amended seniors housing at Narrabeen, with costs thrown away of $3,100 ordered against the Applicant.

  • Seniors housing
  • Development consent
  • Conciliation conference
  • Clause 4.6 variation
  • Costs thrown away
  • Seniors-housing
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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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Environmental law

Save Wallum Incorporated v Bayside Brunswick Pty Ltd & Anor

Interlocutory injunction application dismissed. The Court held Save Wallum had not shown a prima facie BC Act offence or that the balance of convenience favoured restraint.

  • Interlocutory injunction
  • Threatened species
  • Habitat damage
  • Biodiversity conservation act 2016 (nsw)
  • Development consent
  • Balance of convenience
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Planning and environment law

Crossling v Sutherland Shire Council

The Court upheld the appeal and granted development consent for a new multi-level dwelling, pool and landscaping works at 47 Taloombi Street, Cronulla.

  • Development consent
  • Conciliation conference
  • Heritage item
  • Height variation
  • Floor space ratio variation
  • Landscaped area variation
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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 law

Segco Pty Ltd ATF The GNS Trust v Wollongong City Council

Class 1 planning appeal upheld by agreement after conciliation conference, with development consent granted for subdivision, housing and wastewater works at Clifton.

  • Development consent
  • Subdivision
  • Multi dwelling housing
  • Onsite wastewater management system
  • Conciliation conference
  • Voluntary planning agreement
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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 law

Simpson v Sutherland Shire Council

Appeal upheld by consent after a Class 1 conciliation conference, with development consent granted for an existing inclinator and two landing stations.

  • Development consent
  • Conciliation conference
  • Conditions of consent
  • Foreshore development
  • Coastal management
  • Land and environment court jurisdiction
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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.