ON 8 AUGUST 2014, the NSW Land and Environment Court delivered Murdoch v Woollahra Municipal Council [2014] NSWLEC 1165.
http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=173508
The court upheld two appeals by Lachlan Murdoch against decisions of Woollahra Council with respect to additions and alterations to premises at 93 Victoria Road, Belleview Hill.
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ON 1 AUGUST 2014, the NSW Land and Environment Court delivered 21 Bungan Street Pty Limited v Warringah Council [2014] NSWLEC 1158.
The court upheld an appeal by a developer against a decision of Warringah Council regarding a proposed development at 11-13 Bernie Avenue, Forestville.
The court approved the development, which will include 11 units and 24 basement car spaces on the site where two detached dwelling houses will be demolished.
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ON 28 July 2014, the NSW Land and Environment Court delivered Klaric v Mosman Municipal Council [2014] NSWLEC 1156.
http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=173330
The court upheld an appeal and granted consent to the modification of a development modification application in respect of consent for a dwelling house at 69 Parriwi Road, Mosman.
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ON 25 JULY 1978, the High Court of Australia delivered Housing Commission of NSW v San Sebastian Pty Ltd [1978] HCA 28; (1978) 140 CLR 196 (25 July 1978).
http://www.austlii.edu.au/au/cases/cth/HCA/1978/28.html
When valuing land for the purposes of compensation for resumption, no regard is to be given to either the increase or diminution in the value of the land entirely brought about by the resumption.
See also: Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendent of Crown Lands [1947] AC 565.
Sydney, Australia
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ON 21 JULY 2014, the NSW Land and Environment Court delivered Goodwin v Haddad & anor [2014] NSWLEC 1145.
http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172870
The applicant sought orders under Part 2A of the Trees (Disputes Between Neighbours) Act 2006 that the respondent, a neighbouring childcare centre, prune vegetation along their common boundary in order to restore sunlight.
The court upheld the application in part, ordering that each year in the first two weeks of March and September the respondent prune the vegetation to a height no more than 2.5 metres.
Sydney, Australia
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ON 16 JULY 2014, the NSW Land and Environment Court delivered IPM Pty Ltd v Mosman Municipal Council [2014] NSWLEC 1141.
http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172731
The court refused an appeal against Mosman Council’s decision to refuse a development application for the reconfiguration of retail tenancies and the fit out and use of one of the tenancies by Dan Murphy’s as retail liquor premises on the ground level of 710 Military Road, Mosman.
The court found that the site was not suitable for the proposed use because of the impacts arising from the traffic congestion and noise that it would generate.
Sydney, Australia
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ON 11 JULY 2014, the NSW Land and Environment Court delivered Samadi Developments Pty Limited v City of Sydney Council [2014] NSWLEC 1138.
http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172691
Sydney City Council had refused a development application for two three bedroom units at 517-527 Elizabeth Street, Surry Hills. The Land and Environment Court upheld an appeal against the decision, granting the consent subject to conditions.
Sydney, Australia
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ON 3 JULY 2014, the NSW Land and Environment Court delivered Willoughby City Council v Chen [2014] NSWLEC 92.
http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172539
The court declared that the respondent failed to comply with a Brothel Closure order with respect to premises at 15/47 Neridah St (accessed at 15 Oscar St), Chatswood and ordered that she be restrained from using such premises as a brothel or for related sex uses.
Sydney, Australia
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ON 3 JULY 2014, the NSW Land and Environment Court delivered Willoughby City Council v Chen [2014] NSWLEC 92.
http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172539
The court declared that the respondent failed to comply with a Brothel Closure order with respect to premises at 15/47 Neridah St (accessed at 15 Oscar St), Chatswood and ordered that she be restrained from using such premises as a brothel or for related sex uses.
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FROM 1 JULY 2014, only four (instead of six) copies of plans and documents are to be lodged with Mosman Council Development Applications.
http://www.mosman.nsw.gov.au/news/2014/06/30/development-application-submission-requirements
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