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Planning and environment law

APPWAM PTY LTD v Inner West Council

The Court upheld APPWAM PTY LTD’s Class 1 appeal and modified a development consent for a boarding house after conciliation, increasing rooms and adjusting parking.

  • Modification of development consent
  • Conciliation conference
  • Boarding house development
  • Development standards
  • Basix
  • Owner's consent
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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 planning and development

Benson Avenue Pty Ltd v Council of the City of Shellharbour

Benson Avenue Pty Ltd v Council of the City of Shellharbour [2024] NSWLEC 1648

The Court upheld a Class 1 appeal by consent, granted owner’s consent for drainage works on Council land, and approved a concept development application with conditions.

  • Development application
  • Concept development application
  • Appeal
  • Owner's consent
  • Costs
  • Development-application
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Planning and environment law

King v Northern Beaches Council

King v Northern Beaches Council [2024] NSWLEC 1260

A Class 1 development appeal was upheld after conciliation, with the Court granting consent for a garage and boatshed with studio above at Palm Beach.

  • Development appeal
  • Development consent
  • Jurisdictional prerequisites
  • Owner's consent
  • Development-appeal
  • Development-consent
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Planning and environment law

Investments NQ Pty Ltd v Tweed Shire Council

Investments NQ Pty Ltd v Tweed Shire Council [2024] NSWLEC 1108

The Court held Crown Lands’ letter was valid owner’s consent, but the subdivision component was designated development because part of the site was mapped littoral rainforest.

  • Development application
  • Torrens title subdivision
  • Environmental impact statement
  • Owner's consent
  • Designated development
  • Littoral rainforest
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Planning and environment law

Al Maha Pty Ltd v Huajun Investments Pty Ltd

Al Maha Pty Ltd v Huajun Investments Pty Ltd [2018] NSWCA 245

The Court of Appeal held the development consent was invalid because owner’s consent for works on Al Maha’s land had not been obtained.

  • Development consent
  • Owner's consent
  • Judicial review
  • Slip rule
  • Jurisdictional error
  • Planning-and-environment-law
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Administrative law

CSKS Holdings Pty Ltd v Woollahra Council

CSKS Holdings Pty Ltd v Woollahra Council [2014] NSWLEC 176

The Court dismissed an application for mandamus compelling Woollahra Council to determine a development application, holding the Council’s deferral pending an ICAC inquiry was not unreasonable.

  • Mandamus
  • Development applications
  • Public interest
  • Owner's consent
  • Constructive failure to determine
  • Unreasonable delay
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Planning and development law

P S Graham & Associates v Hornsby Shire Council

P S Graham & Associates v Hornsby Shire Council [2010] NSWLEC 189

The Court allowed a Class 1 appeal and granted development consent after the remaining owner's written consent to the works was obtained by Supreme Court order.

  • Development consent
  • Right of way
  • Easement
  • Owner's consent
  • Subdivision
  • Statutory requirements
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Administrative law

Maule v Liporoni & Anor

Maule v Liporoni & Anor [2002] NSWLEC 25

The Court dismissed a judicial review challenge to a development consent, finding no proven jurisdictional error or mala fides and no basis to upset the consent.

  • Judicial review
  • Development consent
  • Jurisdictional error
  • Mala fides
  • Owner's consent
  • Integrated development
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Planning and environment

Cameron v Lake Macquarie City Council

Cameron v Lake Macquarie City Council [2000] NSWLEC 34

The court held that an application to remove trees was a development application, accepted substantial compliance with the form requirements, and dismissed the strike-out motion.

  • Development applications
  • Tree preservation orders
  • Form requirements
  • Owner's consent
  • Costs in planning appeals
  • Development-applications
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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.