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

National planning disputes
Catchwords
Cessnock City Council v Laila Investments Pty Ltd [2012] NSWLEC 206NSWCessnock City CouncilNSWLECUpheldMulti dwellingCouncil21 Aug 2012CIVIL ENFORCEMENT - declaration of invalidity of occupation certificate made - failure of private certifier to comply with mandatory provision in Environmental Planning and Assessment Act 1979
Cessnock City Council -v- Aviation and Leisure Corporation Pty Ltd [2012] NSWSC 221NSWCessnock City CouncilNSWSC———14 Mar 2012CONTRACT - alternative dispute resolution clause - construction - PRACTICE AND PROCEDURE - application for permanent stay of proceedings on basis they have been instituted in breach of binding alternative dispute resolution provision - stay ordered
SOCARES Support Group Inc v Cessnock City Council [2012] NSWLEC 23NSWCessnock City CouncilNSWLECDismissedService stationCouncil21 Feb 2012JUDICIAL REVIEW - whether council decision not to tender for pound services in breach of tender obligations in Local Government Act 1993 - whether council could be satisfied of exceptions to requirement to tender contract for services - whether council satisfied of extenuating circumstances or unavailability of competitive or reliable tenders - whether mandatory relevant considerations not taken into account by council - whether irrelevant considerations taken into account by the council - groun
Cessnock City Council v Bimbadgen Estate Pty Ltd (No 2) [2011] NSWLEC 140NSWCessnock City CouncilNSWLECUpheldOtherCouncil16 Aug 2011ENVIRONMENTAL OFFENCES: sentence - carrying out development without consent - whether works continued after stop work order - consideration of objective and subjective factors - extent of harm - whether the offence was committed intentionally - whether the offence was committed for financial gain
Cessnock City Council v Bimbadgen Estate Pty Ltd [2011] NSWLEC 136NSWCessnock City CouncilNSWLECDismissedOtherCouncil9 Aug 2011PROCEDURE: application to adduce evidence by video link - documentary cross-examination - credit of witness in issue - evidence of witness central to proceedings - inconvenience to witness and cost to defendant not as great as suggested - application refused
Hardie Holdings Pty Ltd v Cessnock City Council [2010] NSWLEC 11NSWCessnock City CouncilNSWLECDismissedTourismCouncil2 Feb 2010PRACTICE AND PROCEDURE :- joinder of party - statutory authority seeking joinder to Class 1 proceedings - power to order joinder under s 39A - discretion - joinder refused - whether s 64(1) confers rights of appearance on Crown as intervenor or of some lesser status - issue not determined - costs - no order as to costs
ACM Landmark Pty Limited v Cessnock City Council [2006] NSWLEC 256NSWCessnock City CouncilNSWLECGrantedOtherApplicant26 Apr 2006Costs :- applicant successful in class 1 appeal against council's refusal of s 96 modification application for the intensification of use of a crematorium - whether fair and reasonable to make costs order in favour of applicant - all expert evidence was in support of the modification application - resident's concerns relating to air quality, health, planning and traffic impacts had no rational evidentiary basis - council acted unreasonably having regard to evidence in maintaining opposition to a
ACM Landmark Pty Limited v Cessnock City Council [2006] NSWLEC 39NSWCessnock City CouncilNSWLECInterlocutory—Applicant3 Feb 2006Practice and Procedure :- operation of slip rule
Porters v Cessnock City Council [2005] NSWSC 1275NSWCessnock City CouncilNSWSCGrantedSingle dwellingApplicant6 Dec 2005PROCEDURE – Supreme Court procedure – proceedings where deceased person’s estate has an interest, but is not represented – circumstances when appropriate to proceed in absence of any legal personal representative – EQUITY – equitable charges and liens – purchaser’s lien for amounts paid towards purchase price of land – when available – EQUITY – general principles and maxims of equity – equity regards as done that which ought to be done – terms contract for sale of land not completed in vendor’s
Hunter Development Brokerage Pty Ltd v Cessnock City Council; Tovedale Pty Ltd v Shoalhaven City Council [2005] NSWCA 169NSWCessnock City CouncilNSWCAGrantedSubdivisionApplicant23 May 2005LAND AND ENVIRONMENT- Devlopment consents for subdivision of land - Whether consents had lapsed - Under Environmental Planning and Assessment Act, consent lapsed unless "building, engineering or construction work relating to" development was "physically commenced" upon land to which consent applied - Whether expression "building, engineering or construction work" was capable of including survey work and/or geotechnical investigation work - Whether survey work and/or geotechnical investigation wo
Cessnock City Council v Courtney (No. 6) [2004] NSWLEC 622NSWCessnock City CouncilNSWLEC———12 Nov 2004Prosecution :- whether the defendant carried out development without the requisite consent under s 76A(1)(a) of the Environmental Planning and Assessment Act 1979 thereby committing an offence against s 125(1) of such Act.
Cessnock City Council v Courtney (No. 5) [2004] NSWLEC 497NSWCessnock City CouncilNSWLECOtherSingle dwellingCouncil31 Aug 2004Prosecution :- Further application for a Prasad direction refused
Biwazu Pty Limited v Cessnock City Council [2004] NSWLEC 411NSWCessnock City CouncilNSWLECDismissedSubdivisionCouncil27 Aug 2004Injunctions and Declarations :- lapse of consent - no physical commencement of work as required by s 95(4) Environmental Planning and Assessment Act 1979
Cessnock City Council v Courtney (No. 4) [2004] NSWLEC 489NSWCessnock City CouncilNSWLECDismissedSingle dwellingCouncil24 Aug 2004Prosecution :- applications for a no case to answer direction or a Prasad direction refused
Cessnock City Council v Courtney (No. 3) [2004] NSWLEC 488NSWCessnock City CouncilNSWLECInterlocutory—Council20 Aug 2004Prosecution :- admissibility of records prepared by the defendant or prepared on the defendant's instructions
Cessnock City Council v Courtney (No. 2) [2004] NSWLEC 487NSWCessnock City CouncilNSWLECInterlocutorySingle dwellingCouncil19 Aug 2004Prosecution :- statement admitted for limited purpose of corroboration not for an unfavourable inference
Cessnock City Council v Courtney [2004] NSWLEC 486NSWCessnock City CouncilNSWLECInterlocutory——17 Aug 2004Prosecution :- prior inconsistent statement - cross examination allowed confined to limited factual issue

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