Yet another case has been handed down by the Land & Environment Court regarding what constitutes a dwelling.
Sentencing for Environmental Offences
A developer was recently fined the sum of $32,500 after pleading guilty to clearing over 3,200 square metres of bushland along the bank of the Blacks Creek in the Cudgen Nature Reserve, in contravention of the National Parks and Wildlife…
As a general rule, a successful party to proceedings in Classes 1, 2 and 3 of the Land and Environment Court (Court) will not be awarded their costs for conducting the appeal.
In Dobrohotoff v Bennic [2013] NSWLEC 61, the Land and Environment Court held that a dwelling-house in the 2(a) zone in Gosford could not be used for holiday rentals. The primary reason, in Pepper J’s judgment, was that the use…
In Rose Bay Marina Pty Limited v Woollahra Municipal Council & Anr [2013] NSWLEC 1046 the Land and Environment Court established a ‘planning principle’ for public domain views. A planning principle is a statement of a desirable outcome or a list…
In The Northern Eruv Incorporated v Ku-ring-gai Council [2012] NSWLEC 249, the Land and Environment Court considered the scope of its power under s39(2) of the Land and Environment Court Act 1979 (Court Act) in planning appeals under s97 of the…
LEC remarks that road dedications can only be conditioned under s94 and pursuant to a contributions plan
Remarks made by Craig J in Australian International Academy of Education Inc v The Hills Shire Council [2013] NSWLEC 1 in Class 1 of the Land and Environment Court’s jurisdiction indicate that even if a developer offers to dedicate land…
Managing resident expectations in planning appeals
Resident objectors have a unique role in development appeals in Class 1 of the Land & Environment Court’s jurisdiction. However there are some limitations to that role which, if not adequately explained to residents, can lead to dissatisfaction with the…
More on savings provisions
Further to our blog on the effect of savings provisions in planning instruments on existing use rights, a Commissioner of the Land & Environment Court has also considered the proper interpretation of the savings provision in cl1.8A of the The Hills…
In the decision of Presrod Pty Limited v Wollongong City Council [2012] NSWLEC 240, the Court considered whether a prohihited development, which was approved in reliance on savings provisions in the Wollongong Local Environmental Plan 2009 (LEP) had the benefit of existing…
The death of Development Control Plans?
We have reported on the introduction of the Environmental Planning & Assessment Amendment Bill 2012 (Bill) in an earlier blog. In this article I will address the significant changes to the provisions of the Environmental Planning & Assessment Act 1979…
Penalty for Council’s water pollution offence
In Environmental Protection Authority v Queanbeyan City Council (No. 3) [2012] NSWLEC 220, the Land and Environment Court considered what was the appropriate sentence to impose in respect of an offence by the Council of polluting waters under s120 of…