Planning disputes
Every planning and environment court and tribunal decision we track, matched to a council, in one table. Filter by state, posture or who won, search any party, court or keyword, sort any column, and click through to the council or the full public judgment.
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6,348 decisions on record across 372 councils. Showing the most recent 6,000. Outcome, development type and who won are read from each judgment by an LLM (5,355 analysed so far). Use the enriched view or the won-by filter to see only those; the rest are marked pending and fill in as analysis runs.
Court and tribunal judgments are checked daily. See coverage and live source health.
Showing 1–17 of 17
| Catchwords | ||||||||
|---|---|---|---|---|---|---|---|---|
| Bathurst Regional Council v Natural Resources Access Regulator (No 2) [2022] NSWSC 1113 | NSW | Bathurst Regional Council | NSWSC | — | — | — | 23 Aug 2022 | COSTS – general rule that costs follow the event –discretion to order otherwise – material considerations – proceedings brought by public authorities – issue of public importance – public interest in transparency of regulation – neither party wholly successful – no order as to costs |
| Bathurst Regional Council v Natural Resources Access Regulator [2022] NSWSC 846 | NSW | Bathurst Regional Council | NSWSC | Dismissed | Extractive | Council | 28 June 2022 | ADMINISTRATIVE LAW – judicial review of official caution – effect of caution on legal rights – availability of declaration – establishing basis of alleged error ENVIRONMENT AND PLANNING – water – water management work approval – interpretation – condition to maintain outflow equal to lesser of inflow or pipe capacity – condition to release percentage of storage conserved in preceding inflow event – determining volume of releases ENVIRONMENT AND PLANNING – offences – penalty notice offence – use |
| Bathurst Regional Council v Department of Planning, Industry and Environment trading as Natural Resources Access Regulator [2021] NSWLEC 109 | NSW | Bathurst Regional Council | NSWLEC | Interlocutory | — | Council | 8 Oct 2021 | JUDICIAL REVIEW – |
| Prefabricated Buildings Pty Ltd v Bathurst Regional Council (No 2) [2017] NSWLEC 111 | NSW | Bathurst Regional Council | NSWLEC | — | — | — | 30 Aug 2017 | COSTS – Class 3 application – whether a departure from the presumptive rule that each party bears its costs is warranted – whether it is fair and reasonable in the circumstances to award costs – whether the applicant acted unreasonably – whether the proceedings centred around a question of law |
| Prefabricated Buildings Pty Ltd v Bathurst Regional Council [2017] NSWLEC 44 | NSW | Bathurst Regional Council | NSWLEC | — | — | — | 24 Apr 2017 | STATUTORY INTERPRETATION – whether Council can charge for services based on availability of services and actual use of services – Local Government Act 1993 (NSW) s 501 and s 502 |
| Adrenaline Pty Ltd v Bathurst Regional Council [2015] NSWCA 123 | NSW | Bathurst Regional Council | NSWCA | Dismissed | Other | Council | 11 May 2015 | APPEALS - notice of contention - whether respondent permitted to raise defences not run at trial - Council not permitted to run defences of causation or change of position - Council permitted to run defence of good consideration - whether question of law which was not fully argued, not determined by primary judge and not necessary to decide should be decided LOCAL GOVERNMENT - power to fix fee for services - whether Council obliged to comply with Chapter 15 Part 10 of Local Government Act 1993 ( |
| Trackcorp Adrenalin Pty Ltd v Bathurst Regional Council (No.3) [2014] NSWSC 690 | NSW | Bathurst Regional Council | NSWSC | Dismissed | Tourism | Council | 30 May 2014 | CONTRACT - breach - contract permitting plaintiff to hold motor sport event - exclusivity provision - whether defendant breached provision by allowing other promoters to conduct events substantially similar to plaintiff's event - no breach established EQUITY - remedies - rectification - alleged common intention not established NEGLIGENCE - existence of duty of care - whether duty owed by one contracting party to another to ensure no breach of exclusivity provision - duty not found to exist TRADE |
| Trackcorp Adrenalin Pty Ltd v Bathurst Regional Council [2013] NSWSC 1699 | NSW | Bathurst Regional Council | NSWSC | Interlocutory | — | Council | 19 Nov 2013 | EVIDENCE - client legal privilege - waiver - whether party acted inconsistently with objecting to evidence of instructions given to lawyers - Evidence Act 1995, s 122(2) |
| Trackcorp Adrenalin Pty Ltd v Bathurst Regional Council (No 2) [2013] NSWSC 1701 | NSW | Bathurst Regional Council | NSWSC | Interlocutory | — | Mixed | 19 Nov 2013 | EVIDENCE - client legal privilege - waiver - loss of privilege in legal advice due to voluntary disclosure of substance of advice - whether party acted inconsistently with objecting to evidence of instructions and other documents relating to advice - Evidence Act 1995, s 122(2) |
| Manning v Bathurst Regional Council (No 2) [2013] NSWLEC 186 | NSW | Bathurst Regional Council | NSWLEC | Upheld | — | Applicant | 31 Oct 2013 | JUDICIAL REVIEW: whether council under an obligation to notify adjoining property owner of proposed development - whether failure to notify was manifestly unreasonable - whether re-notification of the development an appropriate order under s 25B of the Land and Environment Court Act 1979 - whether demolition of the development appropriate. |
| Bathurst Regional Council as Trustee for the Bathurst City Council Crown Reserves Reserve Trust v Thompson (No 2) [2012] NSWCA 420 | NSW | Bathurst Regional Council | NSWCA | — | — | — | 14 Dec 2012 | COSTS - offer of compromise |
| Bathurst Regional Council as Trustee for the Bathurst City Council Crown Reserves Reserve Trust v Thompson [2012] NSWCA 340 | NSW | Bathurst Regional Council | NSWCA | — | — | — | 26 Oct 2012 | TORT - negligence - visitor slipping on steps of rotunda in park - park including rotunda property of a trust - Council trustee of trust - relationship between Council and trust not explored at trial - whether s 42 Civil Liability Act 2002 applied to Council as trustee - whether Council could rely upon "principles" in s 42 without calling any evidence - application of s 5B Civil Liability Act 2002 - whether defect in steps reasonably foreseeable by Council - if so what if any was a reasonable re |
| Bathurst Regional Council v Taylor [2012] NSWLEC 226 | NSW | Bathurst Regional Council | NSWLEC | Dismissed | Single dwelling | Council | 4 Oct 2012 | APPEAL - s 56A of the Land and Environment Court Act 1979 - question of law - development application - construction of clause in planning instrument - whether commissioner failed to take into account the policy in clause - whether in imposing development consent conditions which engaged clause commissioner was required but failed to apply clause - no power to grant development consent |
| Manning v Bathurst Regional Council [2012] NSWLEC 127 | NSW | Bathurst Regional Council | NSWLEC | Interlocutory | Other | Mixed | 1 June 2012 | PRACTICE AND PROCEDURE: application for leave to amend summons - consequential vacation of |
| Bathurst Local Aboriginal Land Council v Minister Administering The Crown Lands Act [2007] NSWLEC 495 | NSW | Bathurst Regional Council | NSWLEC | — | — | — | 15 Aug 2007 | Subpoena :- production of documents - publicly adopted copying fee - disinterested third party - statutory procedure to waive or reduce fee |
| King, Markwick, Taylor & Ors v Bathurst Regional Council [2006] NSWLEC 505 | NSW | Bathurst Regional Council | NSWLEC | Granted | Subdivision | Applicant | 7 Sept 2006 | Judicial Review :- s 94 contribution conditions - not authorised by contributions plan - modification of development consents to delete s 94 contribution conditions and require roadworks - whether Council was satisfied that proposed modification of minimal environment impact and development as modified substantially the same development - severance |
| Thorncraft & Anor v Bathurst Regional Council & Anor [2005] NSWLEC 571 | NSW | Bathurst Regional Council | NSWLEC | Dismissed | Single dwelling | Council | 14 Sept 2005 | Development Application :- dwelling house on rural land - minimum allotment area requirement - non-compliance - application of State Environmental Planning Policy No. 1 - Development Standards - undesirable precedent |