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Planning and environment

Level 1 Construction Pty Ltd v Canterbury-Bankstown Council

Level 1 Construction Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1405

The Court upheld an appeal against refusal of a mixed-use development in Sefton, finding the proposal permissible and acceptable on character, setbacks, solar access, privacy and waste issues.

  • Development application
  • Affordable housing
  • Multi dwelling housing
  • Planning controls
  • Compatibility with character
  • Setbacks
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Planning and environment law

Salic v City of Parramatta Council

Salic v City of Parramatta Council [2021] NSWLEC 1309

Appeal upheld for a flood-affected dual occupancy site in North Parramatta, with the Court finding the development acceptable despite residual rear-yard flood risk.

  • Development application
  • Flood hazard
  • Dual occupancy
  • Private open space
  • Risk to life
  • Zoning
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Planning and environment law

WZ Capital Holdings Pty Ltd v Ku-ring-gai Council

WZ Capital Holdings Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1171

Class 1 appeal over a six-dwelling development was upheld, with the Court finding the amended proposal acceptable subject to plan changes removing courtyard encroachment.

  • Development application
  • Multi dwelling housing
  • Design quality
  • Development control plan
  • Landscape character
  • Streetscape
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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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Planning and environment

SJB Interiors v Council of the City of Sydney

The Court upheld an appeal and approved a warehouse conversion to four attached dwellings in Sydney, finding the height breach and heritage impacts acceptable.

  • Clause 4.6 variation
  • Height standard
  • Private open space
  • Heritage conservation area
  • Warehouse conversion
  • Torrens title subdivision
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Planning and environment

Tran v Council of the City of Sydney

Tran v Council of the City of Sydney [2013] NSWLEC 1047

The Court dismissed an appeal against refusal of consent to convert a commercial unit to residential use, finding poor amenity, solar access, ventilation and security.

  • Development application
  • Conversion of commercial to residential
  • Residential amenity
  • Private open space
  • Solar access
  • Ventilation
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Planning and environment law

Handley v Pittwater Council

Handley v Pittwater Council [2010] NSWLEC 1167

The Land and Environment Court upheld an appeal against refusal of a dwelling redevelopment, finding the planning breaches were minor and the proposal met the relevant DCP outcomes.

  • Development application
  • Building envelope
  • Site coverage
  • Side building lines
  • Retaining walls
  • Visual impact
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Planning and environment

Admark Constructions Pty Ltd v Camden Council

Admark Constructions Pty Ltd v Camden Council [2010] NSWLEC 1005

The Court dismissed two appeals against refusal of strata subdivision applications at Mt Annan, finding inadequate private open space, parking impacts, and inconsistency with planning controls.

  • Development application refusal
  • Strata subdivision
  • Private open space
  • Car parking
  • Permissibility under lep and dcp
  • Planning-and-environment
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Environmental planning and building regulation

Pinot v Warringah Council

Pinot v Warringah Council [2008] NSWLEC 1189

The court considered a building certificate appeal about a balcony enclosure, focusing on streetscape character, open space requirements, BCA compliance, and symmetry.

  • Building certificate refusal
  • Balcony enclosure
  • Streetscape character
  • Private open space
  • Building code of australia compliance
  • Precedent
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Planning and environment

Clarendon Homes (NSW) Pty Limited v Randwick City Council

Clarendon Homes (NSW) Pty Limited v Randwick City Council [2008] NSWLEC 1267

The Court upheld an appeal and deleted a consent condition requiring a 2.7 metre ground-floor ceiling height, finding no current planning control supported it.

  • Development consent
  • Subdivision
  • Building height
  • Ceiling height
  • Environmental sustainability
  • Private open space
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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.