Category Archives: Planning Law

Donohoe v Manly Council [2014] NSWLEC 1197

ON 24 SEPTEMBER 2014, the NSW Land and Environment Court delivered Donohoe v Manly Council [2014] NSWLEC 1197.

The court held that the development consent pertaining to 46 White Street, Balgowlah, may be modified subject to certain directions made by the court.

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Blackmore Design Group Limited v Manly Council [2014] NSWLEC 151

ON 18 SEPTEMBER 2014, the NSW Land and Environment Court delivered Blackmore Design Group Limited v Manly Council [2014] NSWLEC 151.

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Sydney, Australia

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Manly Local Environmental Plan 2013 (Amendment No 3)

Manly Local Environmental Plan 2013 (Amendment No 3)

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Sydney, Australia

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Pritchard v Manly Council [2014] NSWLEC 1186

ON 9 SEPTEMBER 2014, the NSW Land and Environment Court delivered Pritchard v Manly Council [2014] NSWLEC 1186.

The court upheld an appeal against a refusal by Manly Council to approve a development application for alterations and additions to a residential flat building, including a rooftop terrace at 6 Fairlight Crescent, Fairlight.

The court approved the application, subject to certain conditions.

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Sydney, Australia

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10/50 Vegitation Clearing

ON 1 AUGUST 2014, new laws known as the “10/50 Vegetation Clearing Legislation” were introduced to allow trees to be cleared in designated areas within New South Wales.

The Rural Fires Amendment (Vegetation Clearing) Act 2014 (NSW) amends the Rural Fires Act 1987 (NSW) to permit the owner of land in a 10/50 vegetation clearing entitlement area to:

  • Without approval, clear trees on the property within 10 metres of a home.
  • With approval, clear underlying vegetation (such as shrubs, but not trees) on the property within 50 metres of a home.

The NSW Fire Service has an online tool to work out whether or not a property is in a 10/50 Vegetation Clearing Entitlement Area.

The Rural Fire Service has produced a Code of Practice.

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Griffiths v Council of the City of Sydney [2014] NSWLEC 1170

ON 26 AUGUST 2014, the NSW Land and Environment Court delivered Griffiths v Council of the City of Sydney [2014] NSWLEC 1170.

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Sternhell v Warringah Council [2014] NSWLEC 1168

ON 22 AUGUST 2014, the NSW Land and Environment Court delivered Sternhell v Warringah Council [2014] NSWLEC 1168.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=173645

The court refused an appeal against the decision of Warringah Council to refuse consent for a Development Application seeking the demolition of existing structures and subdivision of land into four lots at Lantana Avenue Wheeler Heights.

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Sydney, Australia

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Landmark Group Pty Limited v Lane Cove Council [2014] NSWLEC 1187

ON 22 AUGUST 2014, the NSW Land and Environment Court delivered Landmark Group Pty Limited v Lane Cove Council [2014] NSWLEC 1187.

The court upheld an appeal against a decision of Lane Cove Council regarding a s96 modification of a Development Consent affecting the land at 15-21 Mindarie Street Lane Cove.

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Sydney, Australia

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North Sydney Council v Bewley [2014] NSWLEC 145

ON 14 AUGUST 2014, the NSW Land and Environment Court delivered North Sydney Council v Bewley [2014] NSWLEC 145.

The court granted leave for North Sydney Council to discontinue its proceedings against the owner and occupier of 38 Shellcove Road, Kurraba Point with an order that each party pay their own costs.

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Sydney, Australia

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Jojeni Investments Pty Ltd v Mosman Municipal Council [2014] NSWLEC 120

ON 8 AUGUST 2014, the NSW Land and Environment Court delivered Jojeni Investments Pty Ltd v Mosman Municipal Council [2014] NSWLEC 120.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=173276

The applicant brought Class 4 proceedings seeking a declaration that the property has the benefit of existing use rights as a residential flat building. Mosman Council opposed the summons.

Justice Sheahan found in favour of the council and made a declaration that the property known as 7 Arbutus Street, Mosman, has the benefit of existing use rights as two flats in a house, not as a residential flat building.

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