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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6,356 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 (5,358 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 1–15 of 15

National planning disputes
Catchwords
Bell Quarry Rehabilitation Project Pty Ltd v Lithgow City Council [2022] NSWLEC 123NSWLithgow City CouncilNSWLECDismissedExtractiveCouncil10 Oct 2022SEPARATE QUESTION - Class 1 development appeal - applicant for development consent seeks to have separate questions set down for determination - appeal concerning substantial proposed landfill development to rehabilitate former quarry site - haul road for trucks to the proposed development site from a main highway is along a road not constructed entirely within its road reserve - deviations from the road reserve on two private property and National Park - no owners consent to use the road where
Lithgow City Council v Newera Defendo Pty Ltd [2020] NSWLEC 34NSWLithgow City CouncilNSWLECCosts—Mixed24 Apr 2020EVIDENCE - affidavit material evidence from both parties relied upon for the purposes of costs application - affidavit material not read during substantive hearing - application for restriction on use pursuant to s 136 of the Evidence Act 1995 - restriction appropriate as affidavit material not tested in substantive hearing - restriction ordered (see [10]) COSTS - First Respondent successful in substantive proceedings - First Respondent now seeks costs on the indemnity basis - First Respondent s
Lithgow City Council v Newera Defendo Pty Ltd [2019] NSWLEC 188NSWLithgow City CouncilNSWLEC———5 Dec 2019COMPLYING DEVELOPMENT CERTIFICATE - solar voltaic array erected in R4 Large Lot Residential Zone - array erected relying on complying development certificate issued pursuant to State Environmental Planning Policy (Exempt and Complying Development) 2008 - policy not available to permit construction of the array - complying development certificate invalid - second complying development certificate issued - second complying development certificate relies on State Environmental Planning Policy (Infr
Uniting Church in Australia Property Trust (NSW) v Miller; Miller v Lithgow City Council [2015] NSWCA 320NSWLithgow City CouncilNSWCA———15 Oct 2015NEGLIGENCE – school student injured while training in Council pool – pupil directed by swimming coach employed by School to dive into shallow end of pool – pupil slipped and suffered serious injury – whether Council liable to pupil – where guidance to pool operators permitted diving by trained competitors into shallow end of pool – whether School liable to pupil for failing to train her to abort a mis-executed dive – whether School liable for failing to be aware of elevated risk of track-start d
Miller v Lithgow City Council [2014] NSWSC 1579NSWLithgow City CouncilNSWSC———28 Nov 2014Negligence - school and pupil - council pool sporting activity - swimming
Miller v Lithgow City Council [2013] NSWSC 427NSWLithgow City CouncilNSWSC———30 Apr 2013PRACTICE AND PROCEDURE - separation of issues for trial - whether separation of issues will facilitate the just, quick and cheap resolution of the real issues in the dispute - no point of principle.
Jackson v Lithgow City Council [2010] NSWCA 136NSWLithgow City CouncilNSWCA———11 June 2010APPEAL – remitter from High Court for rehearing of appeal – first hearing of the appeal proceeded on an inaccurate record of evidence – question mark symbol cut off in original appeal papers – effect of question mark on probative force of evidence - EVIDENCE – admissibility and relevancy – notes of ambulance officers – inference of fact as to cause of injury and surrounding circumstances – business records under Evidence Act 1995 (NSW), s 69(1) – hearsay rule did not apply – representation made
Agonic Holdings Pty Ltd v Lithgow City Council [2009] NSWLEC 34NSWLithgow City CouncilNSWLECCostsSubdivisionApplicant2 Apr 2009COSTS :- Class 1 proceedings - whether fair and reasonable in the circumstances to make a cost order - whether a party acted unreasonably in the conduct of proceedings
Craig William JACKSON v LITHGOW CITY COUNCIL [2008] NSWCA 312NSWLithgow City CouncilNSWCA———24 Nov 2008NEGLIGENCE – causation – evidence - EVIDENCE – evidence in negligence action – inference of fact from occurrence of damage and all the surrounding circumstances – note of ambulance officers –opinion evidence under Evidence Act 1995 (NSW), s 78 - MEASURE OF DAMAGES (TORT) – damages for personal injuries – assessment – quantum recoverable – future economic loss – non-economic loss – loss of earnings and earning capacity – future care – past care - INTOXICATION – relationship between Civil Liabilit
Environment Protection Authority v Lithgow City Council [2007] NSWLEC 695NSWLithgow City CouncilNSWLECUpheldOtherApplicant26 Oct 2007Environmental Offences :- sentencing - breach of conditions of environment protection licence - conditions requiring pollution studies and reduction programs - systemic failure in management and operation of premises - failure to prioritise asset management and need for regulatory compliance - conscious decision not to comply for financial reasons - non-compliance continued over lengthy periods - potential for environmental harm - forseeable risk of harm - practical measures to prevent risk of h
GREATER LITHGOW CITY COUNCIL v WOLFENDEN [2007] NSWCA 180NSWLithgow City CouncilNSWCA———16 July 2007PRACTICE & PROCEDURE - amendment to add statute barred cause of action - general power available in cases outside special power - LIMITATION - amendment to add statute barred cause of action
Cutcliffe v Lithgow City Council [2006] NSWLEC 463NSWLithgow City CouncilNSWLECCostsSubdivisionMixed2 Aug 2006Costs :- where applicant has obtained declaration of invalidity of a council development consent - where applicant seeks and obtains costs only against submitting council and not against developer who defended – whether council entitled to contribution to those costs from developer – whether developer entitled to recover its costs from council -whether council’s submitting appearance and pleaded defence unreasonable – general costs guidelines.
Cutcliffe and Anor v Lithgow City Council & Ors. [2006] NSWLEC 317NSWLithgow City CouncilNSWLECGrantedSubdivisionApplicant22 May 2006Development Consent :- declared invalid
Fitzpatrick & Anor v Council of the City of Lithgow & Ors [2004] NSWLEC 109NSWLithgow City CouncilNSWLECDismissedSingle dwellingCouncil20 May 2004Development Consent :- meaning of "commercial premises" - whether development consent granted for prohibited use - legitimate expectation of notification of development consent - whether consent authority failed to consider heritage impacts - whether relevant matters taken into account by the Council
Environment Protection Authority v Lithgow City Council [2003] NSWLEC 425NSWLithgow City CouncilNSWLECUpheldOtherApplicant18 Aug 2003Prosecution :- guilty plea - failure to comply with licence condition requiring a toxicity analysis to be undertaken - actual harm or likelihood of harm caused by breach - defendant is a public authority

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