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 1–14 of 14

National planning disputes
								Catchwords
2 Phillip Rise Pty Ltd v Kempsey Shire Council (No 2) [2023] NSWLEC 56	NSW	Kempsey Shire Council	NSWLEC	Costs	Other	Applicant	30 May 2023	COSTS - costs of stay application pending consideration of whether to appeal principal decision - stay granted - stay expired by effluxion of time with no appeal commenced - costs ordinarily follow the event ‑ no reason to “otherwise order” - Respondent ordered to pay Applicant’s costs of stay application and of costs application
2 Phillip Rise Pty Ltd v Kempsey Shire Council [2023] NSWLEC 28	NSW	Kempsey Shire Council	NSWLEC	Granted	Mixed use	Applicant	22 Mar 2023	APPEAL - Appeal against the refusal of application for a construction certificate ‑ Acting Commissioner holds that development consent proposed to found the construction certificate had lapsed ‑ Applicant challenges Acting Commissioner’s conclusion as wrong at law ‑ Acting Commissioner concluded that contamination testing did not satisfy a condition of the development consent because the testing had not been carried out by the then owner of the site for the purposes of satisfying the development
Kempsey Shire Council v Five Star Medical Centre Pty Ltd [2018] NSWCA 308	NSW	Kempsey Shire Council	NSWCA	—	—	—	13 Dec 2018	TORTS – negligence – no duty to warn of obvious risk – plane collided with kangaroo at regional aerodrome – whether damage to aircraft materialisation of obvious risk – whether risk defined by level of risk and likelihood of materialisation – whether accessing information from website involved requesting advice or information – Civil Liability Act 2002 (NSW), ss 5F, 5G, 5H TORTS – negligence – public authority – allocation of resources – principle that allocation of resources not open to challen
Slade v Kempsey Shire Council [2018] NSWCA 25	NSW	Kempsey Shire Council	NSWCA	Dismissed	Other	Council	23 Feb 2018	ENVIRONMENT AND PLANNING – Environment Protection Agency (EPA) issued a clean-up notice to the appellants in respect of a metal recycling site – appellants failed to comply with the notice – EPA then issued a notice to the respondent council to clean up the site – whether any non-compliance by the respondent with the EPA’s notice to it affected the respondent’s right to recover its costs and expenses of the clean-up from the appellants
Kempsey Shire Council v Slade (No 2) [2017] NSWLEC 10	NSW	Kempsey Shire Council	NSWLEC	Other	Other	Mixed	27 Feb 2017	ENVIRONMENT AND PLANNING: pollution – claim for recovery of costs of pollution clean-up actions as a debt under s 105(1) Protection of the Environment Operations Act 1997 – statutory scheme for clean-up of pollution and recovery of clean-up costs – council performed clean-up and sought to recover reasonable costs and expenses as a debt – liability already decided – quantum and reasonableness of costs and expenses claimed – interest.
Kempsey Shire Council v Slade [2015] NSWLEC 135	NSW	Kempsey Shire Council	NSWLEC	Upheld	Other	Council	21 Aug 2015	ENVIRONMENT AND PLANNING – pollution – claim for recovery of costs of pollution clean-up actions as a debt under s 105(1) Protection of the Environment Operations Act 1997 – statutory scheme for clean-up of pollution and recovery of clean-up costs – reasonably suspecting that pollution incidents arising from asbestos deposited at a waste facility had occurred, Environment Protection Authority gives council a clean-up notice under s 92(1) – council complies and gives respondents compliance cost n
Kempsey Shire Council v M A Roche Group Pty Ltd [2012] NSWLEC 211	NSW	Kempsey Shire Council	NSWLEC	Upheld	Extractive	Council	10 Sept 2012	CIVIL ENFORCEMENT - temporary quarry use - failure to pay a s 94 developer contribution in breach of development consent condition - incorporation of development contribution plan into condition of development consent requiring payment
Kempsey Shire Council v Thrush (No 2) [2011] NSWLEC 130	NSW	Kempsey Shire Council	NSWLEC	Costs	Other	Council	29 July 2011	COSTS - whether to exercise discretion to award costs
Kempsey Shire Council v Thrush & Anor [2011] NSWLEC 93	NSW	Kempsey Shire Council	NSWLEC	Upheld	Other	Council	27 May 2011	Civil enforcement: - whether work carried out on right of carriage way without development consent in breach of SEPP 14 - whether Court should exercise discretion to make declarations and restoration order
Kempsey Shire Council v Glenice Baguley [2010] NSWCA 284	NSW	Kempsey Shire Council	NSWCA	Dismissed	Other	Council	8 Nov 2010	TORTS – negligence – injury as a result of a fall into an unfenced pit at tip - whether risk of harm was "not insignificant" - whether primary judge took into account probability of harm if precautions were not taken - whether a reasonable person in the position of the occupier of the tip would have erected a protective wall - need to consider the risks created by the alternative safety strategy, in particular of those injuries occurring - Civil Liability Act 2002 (NSW), s 5B(1)(b)
Ryding v Kempsey Shire Council [2008] NSWLEC 306	NSW	Kempsey Shire Council	NSWLEC	—	—	—	11 Nov 2008	Appeal :- appeal on conviction and sentence from local court - collateral challenge to validity of clean up notice on judicial review grounds - whether jurisdictional facts satisfied - whether procedural fairness accorded
Kempsey Shire Council v Tebran Pty Limited (No 2) [2008] NSWLEC 64	NSW	Kempsey Shire Council	NSWLEC	—	—	—	1 Feb 2008	Costs :- civil enforcement proceedings - respondent succeeded on all issues - no circumstance displacing the usual order as to costs - applicant ordered to pay respondent's costs as agreed or assessed.
Kempsey Shire Council v Tebran Pty Limited [2007] NSWLEC 731	NSW	Kempsey Shire Council	NSWLEC	Dismissed	Agricultural	Applicant	8 Nov 2007	Civil Enforcement :- whether development permissible without or only with consent - characterisation - construction of instrument - agriculture - intensive animal husbandry - feedlot
Buchholz v Kempsey Shire Council [2005] NSWSC 235	NSW	Kempsey Shire Council	NSWSC	Dismissed	Apartments	Council	18 Mar 2005	EQUITY - allegation of equitable easement based on Walsh v Lonsdale - proprietary estoppel - allegations fail on facts