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 1–18 of 18

National planning disputes
Catchwords
Hossein Yamini v The Council of the City of Sydney (No 2) [2020] NSWLEC 120NSWCouncil of the City of SydneyNSWLECCostsOtherApplicant24 Aug 2020COSTS – costs in appeal from Local Court – s 70 Crimes (Appeal and Review) Act 2001 – Council on notice appellant may not be guilty – Council unreasonably failed to investigate relevant matter – appellant awarded costs
Aitofi v The Council of the City of Sydney [2020] NSWSC 611NSWCouncil of the City of SydneyNSWSC———21 May 2020CIVIL PROCEDURE — Registrars — Review of Registrar’s decision — refusal of application for transfer under Civil Procedure Act 2005 (NSW) s 140 — whether order for transfer ought be made
Hossein Yamini v The Council of the City of Sydney [2020] NSWLEC 26NSWCouncil of the City of SydneyNSWLECDismissedCommercialCouncil9 Apr 2020APPEAL – s 97 Protection of the Environment Operation Act 1997 – appeal from Local Court – s 31 Crimes (Appeal and Review) Act 2001 – appeal against failure to comply with Prevention Notice – construction of Prevention Notice – whether council held reasonable suspicion an activity was being carried on in an environmentally unsatisfactory manner – validity of s 96 Prevention Notice – whether appellant was “occupier” of premises – definition of control
Council of the City of Sydney v Bishop [2019] NSWCA 157NSWCouncil of the City of SydneyNSWCAUpheldOtherCouncil28 June 2019TORTS – negligence – personal injury – respondent tripped on kerb in pedestrian precinct – duty of care to warn pedestrians of height differential – whether risk obvious – whether failure to use yellow highlighting constituted breach of a duty to warn – whether absence of warning causative of harm to person aware of hazard and not looking down
Gary Abrams v The Council of the City of Sydney (No 4) [2019] NSWLEC 71NSWCouncil of the City of SydneyNSWLEC———31 May 2019APPEAL – appeal against Commissioner’s
Abrams v The Council of the City of Sydney (No 2) [2018] NSWLEC 85NSWCouncil of the City of SydneyNSWLECDismissedApartmentsCouncil8 June 2018APPEAL – appeal against Commissioner’s
Karimbla Properties v Council of the City of Sydney; Bayside City Council; and North Sydney Council (No 2) [2018] NSWLEC 3NSWCouncil of the City of SydneyNSWLECCostsMulti dwellingMixed29 Jan 2018COSTS: Whether costs and interest are recoverable by the Applicants following the principal
So v Council of the City of Sydney [2017] NSWLEC 128NSWCouncil of the City of SydneyNSWLECRefusedLicensed premisesCouncil20 Sept 2017DEVELOPMENT APPLICATION – application for sex services premises (brothel) – proposed development is permissible – the proposed development is non-compliant with provisions of the development control plan – another brothel separated from premises by 45 m – proposed development breaches anti-clustering requirement of DCP – proposed development opposite residential premises contrary to requirement of DCP – safe access for mobility disadvantaged persons not able to be provided without works in publi
The Council of the City of Sydney v Imaeda [2017] NSWLEC 19NSWCouncil of the City of SydneyNSWLEC———10 Mar 2017ENVIRONMENTAL OFFENCES: development and use of land without consent – one use prohibited – pleas of guilty to both offences – sentencing principles – question of mental incapacity or impairment affecting defendant’s culpability – environmental harm – aggravating and mitigating factors – fines imposed – principle of totality applied – agreement to pay costs.
Council of the City of Sydney v Hunter [2014] NSWCA 449NSWCouncil of the City of SydneyNSWCA———19 Dec 2014TORTS - negligence - local council's duty of care to pedestrian using footpath - whether the council breached its duty of care by failing to repair tree root damage - whether the pedestrian was taking reasonable care for his safety - whether it was open to the pedestrian to pass by the footpath without treading on the tree roots TORTS - negligence - causation - whether the pedestrian suffered knee injury as a result of a fall from tripping on a tree root in the footpath - whether the pedestrian
Council of the City of Sydney v Galanis [2012] NSWLEC 263NSWCouncil of the City of SydneyNSWLECUpheldOtherCouncil29 Oct 2012CIVIL ENFORCEMENT - ex parte hearing - failure to comply with s 121B order under the Environmental Planning and Assessment Act 1979 - public safety risk - declaration and orders made - costs awarded
Council of the City of Sydney v Galanis [2012] NSWLEC 210NSWCouncil of the City of SydneyNSWLECInterlocutoryOtherCouncil7 Sept 2012PRACTICE AND PROCEDURE - substituted service of originating process.
Council of the City of Sydney v Li (No.2) [2012] NSWLEC 184NSWCouncil of the City of SydneyNSWLEC———6 Aug 2012CIVIL ENFORCEMENT: Owner failed to comply with an order of Council - works use not approved by Council - respondent failed to appear
Hillsong Church Limited v Council of the City of Sydney (No 2) [2012] NSWLEC 118NSWCouncil of the City of SydneyNSWLEC———22 May 2012COSTS: whether it is "fair and reasonable" for applicant to pay the respondent's costs of a notice of motion resolved prior to the hearing of a motion - whether the applicant acted unreasonably during the course of settlement negotiations - no order as to costs.
Svedas v Council of the City of Sydney [2011] NSWLEC 215NSWCouncil of the City of SydneyNSWLEC———24 Nov 2011APPEAL: s 56A appeal - whether the Commissioner failed to take into account a mandatory relevant consideration - whether the Commissioner failed to determine principally contested issues at the hearing - whether the Commissioner made findings of fact based on no evidence - whether the Commissioner failed to give reasons - whether there was a denial of procedural fairness - whether the Commissioner ought to have separately approved development consent for the demolition of the existing buildings
Council of the City of Sydney v Samadi [2010] NSWLEC 125NSWCouncil of the City of SydneyNSWLECInterlocutoryMixed useCouncil16 July 2010PRACTICE AND PROCEDURE :- application to adjourn proceedings pending resolution of Class 1 proceedings - Class 1 appeal sought development consent that would not regularise the use the subject of the Class 4 proceedings but would render it largely futile - no guarantee that appeal if Class 1 appeal successful - unlawful development would cease because new development would commence - application to adjourn dismissed
Council of the City of Sydney v Fuh [2008] NSWLEC 307NSWCouncil of the City of SydneyNSWLECUpheldOtherCouncil11 Nov 2008Injunctions and Declarations :- enforcement of statutory orders, non-compliance, ex parte proceedings
Thaina Town (On Goulburn) Pty Ltd v Council of the City of Sydney [2006] NSWLEC 782NSWCouncil of the City of SydneyNSWLECCostsLicensed premisesApplicant5 Dec 2006Costs :- Class 1 prooceedings - appeal against prevention notice - no order as to costs

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