Category Archives: Planning Law

Courts and Tribunals, Environmental Law, Planning Law

Land and Environment Court of NSW

The Land and Environment Court of New South Wales was established on 1 September 1980. It’s purpose was to be a “one stop shop” for environmental, planning and land disputes which had previously been determined by a number of different courts.

The court hears matters relating to environmental, building, planning and development disputes in New South Wales.

The court has the exclusive jurisdiction to undertake merits review, judicial review, civil enforcement, criminal prosecution, criminal appeals and civil claims about planning, environmental, land, mining and other legislation.

The matters determined by the court fall into eight classes:

Class 1: Environmental, planning and protection appeals.

Class 2: Tree disputes and miscellaneous appeals.

Class 3: Valuation, compensation and Aboriginal land claim cases.

Class 4: Civil enforcement and judicial review of decisions under planning or environmental laws.

Class 5: Criminal proceedings for offences against planning or environmental laws.

Class 6 and 7: Criminal appeals against convictions and sentences for environmental offences by the Local Court.

Class 8: Mining matters.

http://www.lec.lawlink.nsw.gov.au/lec/index.html

Lawyers 1300 00 2088

Environmental Law, Planning Law

Bangally Way and Binburra Street, Avalon NSW 2107

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.

Lawyers

1300 00 2088

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.

Lawyers

Sydney, Australia

1300 00 2088

Planning Law

Qasem v Council of the City of Sydney [2014] NSWLEC 1118

ON 24 JUNE 2014, the NSW Land and Environment Court delivered Qasem v Council of the City of Sydney [2014] NSWLEC 1118.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172312

The court dismissed an appeal of a decision of Sydney City Council refusing an application to modify the trading hours of City Convenience Store at 137 King Street Newtown.

Lawyers 1300 00 2088

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.

Lawyers

Sydney, Australia

1300 00 2088

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

North Sydney, Planning Law

53 Kareela Road, Cremorne Point NSW 2090

ON 17 JUNE 2014, the NSW Land and Environment Court delivered Mulcahy v North Sydney Council [2014] NSWLEC 1110.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172135

The court dismissed an appeal against a refusal by North Sydney Council of a development application seeking the construction of a garage at 53 Kareela Road Cremorne Point.

Lawyers 1300 00 2088

North Sydney, Planning Law, Uncategorized

Mulcahy v North Sydney Council [2014] NSWLEC 1110

ON 17 JUNE 2014, the NSW Land and Environment Court delivered Mulcahy v North Sydney Council [2014] NSWLEC 1110.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172135

The court dismissed an appeal against a refusal by North Sydney Council of a development application seeking the construction of a garage at 53 Kareela Road Cremorne Point.

Lawyers 1300 00 2088

Planning Law

339 Military Road, Mosman NSW 2088

ON 13 JUNE 2014, Mosman Council refused Development Application No 008.2014.00000042.001.

http://portal.mosman.nsw.gov.au/pages/xc.track/SearchApplication.aspx?id=008.2014.00000042.001

The application sought consent for the development of 339 Military Road, Mosman as follows:

Demolition of existing commercial building and retention of part of the basement garage; Construction of a five storey mixed use building comprising commercial/retail and residential uses and two levels of basement car parking; Realignment of driveway access from Belmont Road; New two storey townhouses comprising of two dwellings; Refurbishment and conversion of the two storey stables building into two dwellings; and Landscaping works including tree removal.

Lawyers 1300 00 2088

Manly, Planning Law

40 Pine Street, Manly NSW 2095

ON 13 JUNE 2014, the NSW Land and Environment Court delivered Goarin v Manly Council [2014] NSWLEC 1108 (13 June 2014).

http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2014/1108.html

The court dismissed an appeal against the refusal by Manly Council for the construction of a house at 40 Pine Street, Manly.

Lawyers

1300 00 2088