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Planning and environment law

Salerno Holdings Pty Ltd v Ku-ring-gai Council

Appeal over a residential flat building in Lindfield succeeded in principle, with the Court finding the design, landscaping and local character response acceptable.

  • Development application
  • Residential flat building
  • Site dimensions
  • Landscaping
  • Local character
  • Development consent conditions
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Tort

Rayman v Brown

The Court found negligence in sheet piling works that damaged the Rayman home, rejected a non-delegable duty argument, and awarded damages plus interest.

  • Duty of care
  • Civil liability act 2002 (nsw) s 5b
  • Conveyancing act 1919 (nsw) s 177
  • Proportionate liability
  • Damages for diminution in value
  • Improperly obtained evidence
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Planning and environment law

Satmell Holdings Pty Ltd v Blacktown City Council

The Court upheld the appeal and, by consent at conciliation, modified Development Consent SPP-17-00012 for the Rouse Hill townhouse and flat building project.

  • Modification of development consent
  • Conciliation conference
  • Substantially the same development
  • Development consent conditions
  • Modification-of-development-consent
  • Conciliation-conference
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Environmental planning

Low Cost Housing No 4 Pty Ltd v Liverpool City Council

Low Cost Housing No 4 Pty Ltd v Liverpool City Council [2025] NSWLEC 1013

The Court upheld an appeal and granted consent for a 39-lot Torrens title subdivision at Austral after a s 34 conciliation conference, subject to conditions.

  • Subdivision of residential land
  • Integrated development
  • Site remediation
  • Public notification
  • Planning controls
  • Development consent conditions
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Civil procedure

Daly v Mosman Municipal Council

Daly v Mosman Municipal Council [2024] NSWLEC 107

In a Class 4 judicial review motion, the Court ordered that an extension-of-time application and the substantive challenge to a development consent condition be heard together.

  • Extension of time
  • Judicial review
  • Development consent conditions
  • Public interest
  • Costs
  • Judicial-review
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Environmental law

Bellevue Projects Pty Ltd v Ku-ring-gai Council

Bellevue Projects Pty Ltd v Ku-ring-gai Council [2024] NSWLEC 1557

The appeal was upheld after a conciliation conference, with consent granted for a subdivison and associated dwelling, heritage, landscape and biodiversity works.

  • Development application appeal
  • Subdivision and land use
  • Heritage conservation
  • Biodiversity assessment
  • Development consent conditions
  • Development-application-appeal
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Planning law

Built Developments Pty Limited v Bayside Council

Built Developments Pty Limited v Bayside Council [2024] NSWLEC 1555

The Court approved an amended Class 1 appeal and granted development consent for a light industrial warehouse project at Banksmeadow, subject to conditions.

  • Development application
  • Amendment of application
  • Conciliation conference
  • Zoning and land use
  • Development consent conditions
  • Warehouse development
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Planning and environment law

RRS Holdings Aust Pty Ltd v Cumberland Council

RRS Holdings Aust Pty Ltd v Cumberland Council [2023] NSWLEC 1627

The Court upheld a development appeal for a mixed-use project in Lidcombe, granting consent after conciliation and imposing $4,000 costs for amended plans.

  • Development applications
  • Variation of development standards
  • Child care centre planning
  • Conciliation conference
  • Development consent conditions
  • Height variation
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Planning and environment

Mackenzie Architects International Pty Ltd v Northern Beaches Council

Mackenzie Architects International Pty Ltd v Northern Beaches Council [2023] NSWLEC 1440

Class 1 development appeal upheld after conciliation, granting consent for shop top housing at North Narrabeen with varied height and density controls.

  • Development control
  • Local environmental plans
  • Development standards variation
  • Flood planning
  • Residential density
  • Building height
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Planning and environment

Emag Apartments Pty Ltd v The Council of the City of Sydney (No 2)

Emag Apartments Pty Ltd v The Council of the City of Sydney (No 2) [2022] NSWLEC 1317

The Court upheld the appeal and granted development consent for an amended boarding house proposal at 93-105 Quay Street, Haymarket, subject to conditions.

  • Development application
  • Demolition
  • Boarding house construction
  • Design excellence
  • Development consent conditions
  • Planning-and-environment
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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.