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Planning and environment law

Andrade v Bayside Council

The Court upheld a Class 1 development appeal and granted consent for a modified dual occupancy subdivision in Sans Souci after the parties reached agreement at conciliation.

  • Development appeal
  • Dual occupancy development
  • Torrens title subdivision
  • Conciliation conference
  • Clause 4.6 variation
  • Basix
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Environmental law

Mackenzie Architects International Pty Ltd v North Sydney Council

Mackenzie Architects International Pty Ltd v North Sydney Council [2025] NSWLEC 1044

The Court dismissed an appeal against refusal of a dual-occupancy development at Kurraba Point, finding unresolved construction, stormwater and environmental harm issues.

  • Development applications
  • Dual occupancy development
  • Environmental impacts
  • Construction management
  • Water quality
  • Owner's consent
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Environmental law

Attena Group Pty Ltd v Randwick City Council

Attena Group Pty Ltd v Randwick City Council [2020] NSWLEC 1501

The Court upheld an appeal by Attena Group Pty Ltd and approved a dual occupancy development at 285 Malabar Road, Maroubra following a s 34 conciliation agreement.

  • Development application
  • Conciliation conference
  • Dual occupancy development
  • Development-application
  • Conciliation-conference
  • Dual-occupancy-development
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Administrative law

Verran v Valuer-General

Verran v Valuer-General [2018] NSWLEC 1086

Appeal under the Valuation of Land Act 1916 dismissed. The Court confirmed the Valuer-General’s $937,000 land value for 16 Reginald Avenue, Belmore.

  • Land valuation
  • Comparable sales
  • Dual occupancy development
  • Statutory easement
  • Development control plan
  • Land use zoning
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Planning and environment law

Costello v Bathurst Regional Council

The Court dismissed a Class 1 appeal against refusal of a dual occupancy application, holding the clause 4.6 request did not justify the minimum lot size breach.

  • Development application
  • Dual occupancy development
  • Minimum lot size
  • Clause 4.6 variation request
  • Local environmental plan
  • Development control plan
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Environmental planning law

Complete Consultants Pty Ltd v Ku-ring-gai Council

Complete Consultants Pty Ltd v Ku-ring-gai Council [2006] NSWLEC 338

The Court upheld an appeal against a deemed refusal and granted consent for a dual occupancy at St Ives after amended plans reduced bulk, improved setbacks and solar access.

  • Deemed refusal
  • Dual occupancy development
  • Streetscape
  • Development standards
  • Visual bulk and scale
  • Solar access
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Planning law

Casaceli v Bega Valley Shire Council

Casaceli v Bega Valley Shire Council [2006] NSWLEC 150

The amended dual occupancy development proposal satisfies the numerical and objective requirements of the DCP and LEP, does not unreasonably impact the character, streetscape, solar access, or privacy of neighbouring properties, and is consistent with relevant planning controls and objectives.

  • Development application
  • Dual occupancy development
  • Streetscape
  • Solar access
  • Privacy
  • Local environmental plans
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Planning and environment

Shaynd v Ku-ring-gai MC

Shaynd v Ku-ring-gai MC [2005] NSWLEC 360

The Court upheld an appeal against refusal of a dual occupancy DA, finding bushfire, amenity, drainage and privacy issues were adequately addressed by conditions.

  • Dual occupancy development
  • Bushfire risk
  • Amenity
  • Public interest
  • Dual-occupancy-development
  • Bushfire-risk
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Planning and environment

Avnir Group Pty Ltd v Ku-ring-gai Council

Avnir Group Pty Ltd v Ku-ring-gai Council [2004] NSWLEC 238

The Court dismissed appeals against refusal of subdivision and dual occupancy applications in St Ives, finding the design and access arrangements unsatisfactory.

  • Subdivision
  • Dual occupancy development
  • Residential amenity
  • Dual-occupancy
  • Residential-amenity
  • Sepp-1
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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.