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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6,278 decisions on record across 370 councils. Showing the most recent 6,000. Outcome, development type and who won are read from each judgment by an LLM (5,348 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 1–7 of 7

National planning disputes
								Catchwords
Hornsby Shire Council v Trives (No 4) [2016] NSWLEC 28	NSW	Lachlan Shire Council	NSWLEC	Upheld	Dual occupancy	Council	24 Mar 2016	ADMINISTRATIVE LAW - judicial review - whether complying development certificates issued by accredited certifier for erection of “detached studios” are valid – certificates granted in breach of the Act – declaratory order made - mandatory orders sought for the demolition of works constructed pursuant to the complying development certificates - not opposed by respondent – prohibited development - order for demolition made – extended time for compliance to afford reasonable opportunity for respond
Hornsby Shire Council v Trives (No 3) [2015] NSWLEC 190	NSW	Lachlan Shire Council	NSWLEC	—	—	—	4 Dec 2015	DEVELOPMENT CONSENT – whether complying development certificates issued by accredited certifier for erection of “detached studios” on three residential properties are valid – whether on correct construction of State Environment Planning Policy (Exempt and Complying Development Codes) 2008 and Hornsby Local Environmental Plan 2013 as applied to the facts the certifier could reasonably have been satisfied the proposed structures are complying development and detached studios – condition precedent
Trives v Hornsby Shire Council [2015] NSWCA 158	NSW	Lachlan Shire Council	NSWCA	Granted	Other	Applicant	11 June 2015	ADMINISTRATIVE LAW – judicial review – grounds – jurisdictional fact – whether fact extrinsic to the power conferred on the decision-maker or part of the function conferred – whether validity of certificate depends on certifier’s satisfaction that proposed development is a “complying development” – relevance of inconvenience and uncertainty as factors APPEAL – interlocutory decision – determination of separate question – whether complying development certificates issued by accredited certifier i
Hornsby Shire Council v Trives [2014] NSWLEC 171	NSW	Lachlan Shire Council	NSWLEC	Upheld	Dual occupancy	Council	20 Oct 2014	ADMINISTRATIVE LAW - judicial review proceedings - separate question - whether complying development certificates validly issued - whether proposed development properly characterised as "detached studio" under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 - meaning of "ancillary development" - whether proposed structure was ancillary to the existing dwelling house - structure proposed comprised a suite of rooms capable of being used as a separate domicile - wh
Hornsby Shire Council v Trives [2014] NSWLEC 41	NSW	Lachlan Shire Council	NSWLEC	Dismissed	Dual occupancy	Objector	16 Apr 2014	PROCEDURE: application for substituted service order - defendants overseas at time summons filed and application made - whether Court has jurisdiction to make order - whether Pt 11 of the Uniform Civil Procedure Rules 2005 applies to Court - whether Pt 11A of the Uniform Civil Procedure Rules 2005 applies - application dismissed.
Porter v. Lachlan Shire Council (No.2) [2006] NSWCA 252	NSW	Lachlan Shire Council	NSWCA	—	—	—	14 Sept 2006	APPEAL - COSTS - Calderbank offer by defendant respondent - Whether appellant's refusal unreasonable - Whether indemnity costs should be ordered.
Porter v. Lachlan Shire Council [2006] NSWCA 126	NSW	Lachlan Shire Council	NSWCA	—	—	—	24 May 2006	TORTS - NEGLIGENCE - ROADS - Pedestrian injured when he put his foot into a hole in nature strip between formed footpath and gutter - Whether claim was for failure of a roads authority to carry out roadwork within s.45 of the Civil Liability Act 2002 - Whether it was proved that the authority had actual knowledge of the risk.