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Australia Case Law

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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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Environmental law

MHN Design Union Pty Limited v Waverley Council

MHN Design Union Pty Limited v Waverley Council [2023] NSWLEC 1272

A Class 1 planning appeal was upheld after conciliation, with consent granted for demolition and alterations at Bondi Beach subject to conditions.

  • Development application
  • Height of buildings development standard
  • Existing use rights
  • Planning instruments
  • Clause 4.6 variation
  • Public interest
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Planning and environment

Hind Holdings NSW Pty Ltd v Cumberland City Council

Hind Holdings NSW Pty Ltd v Cumberland City Council [2022] NSWLEC 1263

An appeal against refusal of a mixed-use development at Lidcombe was dismissed after the Court found the design failed to respond adequately to adjoining heritage and amenity constraints.

  • Development application
  • Height of buildings development standard
  • Heritage impact
  • Urban design
  • Setbacks
  • Public interest
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Planning and environment

HPG Mosman Projects Pty Ltd v Mosman Municipal Council

HPG Mosman Projects Pty Ltd v Mosman Municipal Council [2021] NSWLEC 1243

The Court upheld an appeal and approved a shop-top housing development in Mosman, finding the breezeways excluded from GFA and the height variation justified.

  • Development application
  • Shop top housing
  • Gross floor area calculation
  • Height of buildings development standard
  • Floor space ratio
  • Urban design
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Environmental law

Hansimikali v Bayside Council

Hansimikali v Bayside Council [2019] NSWLEC 1353

The Court upheld an appeal and approved a mixed-use development in Mascot after finding a clause 4.6 variation to the height standard was justified.

  • Development application
  • Height of buildings development standard
  • Clause 4.6 variation
  • Built form and scale
  • Residential amenity
  • Development-application
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Planning and environment law

Auswin TWT Development Pty Ltd v Council of the City of Sydney

The Court upheld the appeal and approved Stage 1 of a mixed-use development at Ultimo, subject to conditions resolving concerns about amenity, design and height variation.

  • Development application
  • Staged development application
  • Mixed use development
  • Height of buildings development standard
  • Design excellence
  • Contamination
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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.