New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Environment and planning


  1. 13/12/2016
    Environment and planning: offence against s 125(1) of Environmental Planning and Assessment Act 1979 (NSW); failure to cease using premises as a “transport depot” as defined in the Queanbeyan Local Environment Plan 1998; meaning of the term “transport deport”; whether parking of vehicles used in connection with a business, industry or shop must involve the transport of something

    Kovacevic v Queanbeyan City Council  [2016] NSWCA 346
  2. 05/10/2016
    Environment and planning: suspension of laws and regulatory instruments by environmental planning instruments and development consents; Environmental Planning and Assessment Act 1979 (NSW), s 28; local environment plan providing for non-application of covenants, agreements or similar instruments purporting to restrict or prohibit the carrying out of development; development consent imposing requirement for “onsite” parking; whether lease conferring entitlement to exclusive possession constitutes covenant or agreement purporting to restrict or prohibit the carrying out of development
    Bankstown Trotting Recreational Club Ltd v Chisholm  [2016] NSWCA 274
  3. 08/09/2016
    Environment and planning: appeal; Land and Environment Court Act 1979 (NSW), s 57(1); compulsory acquisition of land under Land Acquisition (Just Terms Compensation) Act 1991 (NSW), Pt 2 Div 3; compensation valuation; whether commissioners failed to consider evidence; whether conclusions supported by evidence; whether primary judge failed to deal with grounds of appeal 

    Hoy v Coffs Harbour City Council  [2016] NSWCA 257
  4. 25/08/2016
    Environment and planning: development servicing charges; whether council has power to levy development servicing charges for provision of water supply to retirement village, Water Management Act 2000 (NSW), s 306 or Local Government Act 1993 (NSW), s 608; whether application for compliance certificate must be made to council before power to levy charges arises; whether statutory provision for levying of annual charges for services provided by council precludes fees for services not provided annually

    Nash Bros Builders Pty Ltd v Riverina Water County Council  [2016] NSWCA 225
  5. 24/08/2016
    Environment and planning: development application; rural tourist facility; whether wedding function venue permissible use; “tourist facilities” prohibited development; “rural tourist facility” innominate permissible use; whether definition of “tourist facility” exclusive of “rural tourist facility”; terms of relief for successful challenge to validity; absence of interlocutory orders; whether discretion as to operative date of invalidity

    Roden v Bandora Holdings Pty Ltd  [2016] NSWCA 220
  6. 22/06/2016
    Environment and planning: mining lease grant; Ministerial discretion in granting mining lease; relevant considerations; public interest; whether relevant considerations limited to environmental assessment questions; whether considerations of “public interest” limited to environmental and planning matters; Environmental Planning and Assessment Act 1979 (NSW), Part 3A (now repealed); Environmental Planning and Assessment Regulation 2000 (NSW), cl 8B(b).

    Duncan v Independent Commission Against Corruption  [2016] NSWCA 143
  7. 18/02/2016
    Environment and planning: whether development consent required to clear prescribed vegetation; whether an exemption for clearing native vegetation from land identified on Clauses Map, cl 5.9(9A) Shoalhaven Environmental Plan 2014; whether Shoalhaven Development Control Plan 2014, cl 5.2.3 inconsistent, incompatible or overlaps with Shoalhaven Local Environment Plan 2014, cl 5.9(8) and (9A); whether consent required for clearing native vegetation on land with environmental zoning under Native Vegetation Act 2003 (NSW); whether offence under Environmental Planning and Assessment Act 1979 (NSW), s 76A(1).
    Elachi v Council of the City of Shoalhaven  [2016] NSWCA 15
  8. 09/02/2016
    Environment and planning: acquisition of land; whether compensation payable to owner of acquired land should be reduced on account of payment to lessee; whether owner’s interest in fee simple qualified by expectation that the lessee would have continued to exploit the quarry on the land; whether the lessee’s compensable interest exceeds the market value of monthly tenancy; valuing residual land; whether loss of value caused by carrying out purpose of acquisition; when calculation to be undertaken.
    Roads and Maritime Services v Allandale Blue Metal Pty Ltd  [2016] NSWCA 7
  9. 20/11/2015
    Environment and planning: land and environment; approval of an open-cut coal mine under the Environmental Planning and Assessment Act 1979 (NSW), Part 3A; conditions of approval; project as approved required use of a parcel of land owned by a third party; condition imposed that the appellant must not carry out any development work on the project site until the appellant had purchased, leased or licensed that property; whether condition could be lawfully imposed; whether condition was an unreasonable exercise of the power to impose conditions; whether condition was inconsistent with the Environmental Planning and Assessment Regulation 2000, s 8F(1)(c); whether condition was contrary to the public interest; whether condition was contrary to the Newbury test of reasonableness
    Ashton Coal Operations Pty Ltd v Hunter Environment Lobby Inc  [2015] NSWCA 358
  10. 27/10/2015
    Environment and planning: development prohibited unless consistent with objectives of zone; onus on applicant to satisfy Court that condition complied with; preparation of draft conditions if consent forthcoming
    Forgall Pty Ltd v Greater Taree City Council  [2015] NSWCA 340