Category Archives: Environmental Law

Environmental Law, Planning Law

Catalina Island Pty Limited v Pittwater Council [2014] NSWLEC 1125

ON 27 JUNE 2014, the NSW Land and Environment Court delivered Catalina Island Pty Limited v Pittwater Council [2014] NSWLEC 1125.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172396

A developer appealed a decision of Pittwater Council to refuse a development application for the construction of eight aged and disability apartments on two allotments on 2(a) residential land between Bangally Way and Binburra Street, Avalon.

The court refused the appeal, finding no errors in the council’s decision making.

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Sydney, Australia

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Environmental Law, Legislation

Great Barrier Reef Marine Park Act 1975 (Cth) | 20 June 1975

ON 20 JUNE 1975, the Commonwealth Great Barrier Reef Marine Park Act 1975 was enacted.

http://www.austlii.edu.au/au/legis/cth/consol_act/gbrmpa1975257/

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Sydney, Australia

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Environmental Law, Injunctions, Planning Law

879B, 881-891 South Dowling Street and 54A, 56-60 O’Dea Avenue, Waterloo

ON 17 JUNE 2014, the NSW Land and Environment Court delivered Council of the City of Sydney v Karimbla Properties (No. 24) Pty Ltd [2014] NSWLEC 77.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172226

The court refused to grant an interlocutory injunction brought by the council against the project managers carrying out building work on a large construction site at 879B, 881-891 South Dowling Street and 54A, 56-60 O’Dea Avenue, Waterloo, despite there being no construction certificate for the works.

Justice Craig ruled that, on the evidence before her, the balance of convenience weighed in favour of the project managers. Craig J’s reasons for refusing the injunction included: there would be a detriment to the construction workforce; no prejudice had been demonstrated; the work appears to have been performed in accordance with the Building Code; the council did not seek demolition; further work will be closely supervised; and outstanding conditions for consent are capable of timely resolution.

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Sydney, Australia

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Environmental Law, Injunctions, Planning Law

Council of the City of Sydney v Karimbla Properties (No. 24) Pty Ltd [2014] NSWLEC 77

ON 17 JUNE 2014, the NSW Land and Environment Court delivered Council of the City of Sydney v Karimbla Properties (No. 24) Pty Ltd [2014] NSWLEC 77.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172226

The court refused to grant an interlocutory injunction brought by the council against the project managers carrying out building work on a large construction site at 879B, 881-891 South Dowling Street and 54A, 56-60 O’Dea Avenue, Waterloo, despite there being no construction certificate for the works.

Justice Craig ruled that, on the evidence before her, the balance of convenience weighed in favour of the project managers. Craig J’s reasons for granting the injunction included: there would be a detriment to the construction workforce; no prejudice had been demonstrated; the work appears to have been performed in accordance with the Building Code; the council did not seek demolition; further work will be closely supervised; and outstanding conditions for consent are capable of timely resolution.

Lawyers 1300 00 2088

Environmental Law, LAW FIRM

Sydney Ferries Corporation v Australian Maritime Officers Union [2008] FCA 817

Sydney Ferries Corporation v Australian Maritime Officers Union (Corrigendum 5 June 2008) [2008] FCA 817 (30 May 2008)

Lawyers 1300 00 2088

Environmental Law, Planning Law

7 Prince Albert Street, Mosman NSW 2088

ON 21 MAY 2014, the NSW Land and Environment Court delivered Bennett v Mosman Council [2014] NSWLEC 1091.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=171617

An appeal against a refusal of a development application for the demolition of an existing dwelling and construction of a new dwelling at 7 Prince Albert Street, Mosman, was dismissed.

The court concluded that the demolition in Prince Albert Street would diminish the historic and aesthetic values of the Bradleys Head Road Conservation Area.

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1300 00 2088

Environmental Law, Planning Law

Bennett v Mosman Council [2014] NSWLEC 1091

ON 21 MAY 2014, the NSW Land and Environment Court delivered Bennett v Mosman Council [2014] NSWLEC 1091.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=171617

An appeal against a refusal of a development application for the demolition of an existing dwelling and construction of a new dwelling at 7 Prince Albert Street, Mosman, was dismissed.

The court concluded that the demolition in Prince Albert Street would diminish the historic and aesthetic values of the Bradleys Head Road Conservation Area.

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1300 00 2088

Environmental Law, LAW FIRM

Harbour City Ferries Pty Ltd [2014] FWCA 1888

Harbour City Ferries Pty Ltd [2014] FWCA 1888 (31 March 2014).

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Environmental Law

Andrews v Mosman Council [2014] NSWLEC 1045

ON 11 MARCH 2014, the Land and Environment Court of New South Wales delivered Andrews v Mosman Council [2014] NSWLEC 1045 (11 March 2014).

http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2014/1045.html

The applicant was the owner of 61A Muston Street, Mosman. He successfully brought an appeal under s97AA of the Environmental Planning and Assessment Act 1999 against the refusal by Mosman Council of an application to modify a Development Application to delete a planter box and replace it with a privacy screen and extend the roof over the terrace.

Lawyers 1300 00 2088

Environmental Law

61A Muston Street, Mosman NSW 2088

ON 11 MARCH 2014, the Land and Environment Court of New South Wales delivered Andrews v Mosman Council [2014] NSWLEC 1045 (11 March 2014).

http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2014/1045.html

The applicant was the owner of 61A Muston Street, Mosman. He successfully brought an appeal under s97AA of the Environmental Planning and Assessment Act 1999 against the refusal by Mosman Council of an application to modify a Development Application to delete a planter box and replace it with a privacy screen and extend the roof over the terrace.

Lawyers

1300 00 2088