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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6,269 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 1–13 of 13

National planning disputes
								Catchwords
South West Helicopters Pty Ltd v Stephenson (No 2) [2018] NSWCA 99	NSW	Parkes Shire Council	NSWCA	—	—	—	11 May 2018	CIVIL PROCEDURE – variation of orders – costs – application for award of interest on costs – source of power to award interest on costs – whether interest calculation to run from date of payment of costs to own lawyers – relevant considerations – when evidence of payment relevant – whether costs disproportionate to amount in issue – interest on costs of trial first sought after
South West Helicopters Pty Ltd v Stephenson [2017] NSWCA 312	NSW	Parkes Shire Council	NSWCA	—	—	—	7 Dec 2017	AVIATION – carriage by air – carriers’ liability – Civil Aviation (Carriers’ Liability) Act 1959 (Cth) – Civil Aviation (Carriers’ Liability) Act 1967 (NSW) – liability of carrier for death of passengers in helicopter crash – family of deceased passenger brought claims against carrier for nervous shock – whether liability of carrier for psychological injuries of non-passengers falls within regulatory scheme of statute – whether claims barred by two year statutory limitation provision – whether c
Ingrid Margaret Stephenson v Parkes Shire Council; Natalee Stephenson v Parkes Shire Council; ; Jay Stephenson v Parkes Shire Council; ; South West Helicopters Pty Limited and anor. v Essential Energy (formerly Country Energy); Parkes Shire Council v South West Helicopters Pty Limited (No 4) [2016] NSWSC 507	NSW	Parkes Shire Council	NSWSC	—	—	—	10 June 2016	PRACTICE AND PROCEDURE – Form of final orders where parties could not agree – Costs – Apportionment of costs – Where damages recovered in part of the proceedings were substantially less than those claimed – Where considerable time and costs were expended in litigating those issues – Whether order for costs should be made against the successful party notwithstanding that damages were recovered
Ingrid Margaret Stephenson v Parkes Shire Council; Natalee Stephenson v Parkes Shire Council; Jay Stephenson v Parkes Shire Council; South West Helicopters Pty Limited v Essential Energy (formerly Country Energy); Parkes Shire Council v South West Helicopters Pty Limited (No 2) [2015] NSWSC 719	NSW	Parkes Shire Council	NSWSC	—	—	—	19 June 2015	DAMAGES – claims for nervous shock and associated claim under the Compensation to Relatives Act by members of the family of a deceased killed in a helicopter accident DAMAGES – where damages sought by the owner and bailee of damaged helicopter – whether claim an apportionable claim under the Civil Liability Act 2002 (NSW) DAMAGES – apportionment – where three parties found to have breached their duty of care – where breaches found to be causative of the accident – necessity to compare culpabilit
Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd (No 3) [2015] NSWLEC 75	NSW	Parkes Shire Council	NSWLEC	Dismissed	Extractive	Council	8 May 2015	JUDICIAL REVIEW: whether development consent spent such that it could not be subsequently modified – whether exercise of discretionary power to modify a development consent gives rise to a jurisdictional fact that development as modified is substantially the same development as the original consent – whether the council erred by comparing the proposed modified development with the development as earlier modified and not the development the subject of the original consent – whether the decision t
Ingrid Margaret Stephenson v Parkes Shire Council; Natalee Stephenson v Parkes Shire Council; Jay Stephenson v Parkes Shire Council; South West Helicopters Pty Limited and anor. v Essential Energy (formerly Country Energy); Parkes Shire Council v South West Helicopters Pty Limited [2014] NSWSC 1758	NSW	Parkes Shire Council	NSWSC	—	—	—	19 Dec 2014	NEGLIGENCE - helicopter company contracted by local council to conduct an aerial survey - where helicopter struck an overhead power line and crashed into a valley killing all those on board including two council employees - where helicopter flying at an altitude of approximately 120 ft - where swathe cut in vegetation below power lines - where power lines not otherwise marked by energy provider - proceedings brought by members of the family of deceased against the helicopter company and the coun
Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd (No 2) [2014] NSWLEC 53	NSW	Parkes Shire Council	NSWLEC	Upheld	Extractive	Applicant	6 May 2014	PRACTICE AND PROCEDURE: application to set aside notice to produce - whether time given for compliance reasonable - whether a legitimate forensic purpose in seeking documents - time for production unreasonable - notice to produce set aside.
Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd [2013] NSWLEC 122	NSW	Parkes Shire Council	NSWLEC	—	—	—	30 July 2013	PROCEDURE: application to set aside subpoenas and notice to produce - applications arose in context of foreshadowed application to amend a summons seeking judicial review of a decision to grant modification approval to a consent in 2009 - amendment opposed on the ground that it was time barred under r 59.10(1) of the Uniform Civil Procedure Rules 2005 - subpoenas and notice to produce issued to obtain documents relevant to delay and to discretion to extend time under r 59.10(2) of the Uniform Ci
Parkes v Byron Shire Council [2004] NSWLEC 722	NSW	Parkes Shire Council	NSWLEC	Costs	Tourism	Council	22 Nov 2004	Costs :- Class 1 proceedings Motion determining preliminary questions Questions raised in the nature of ordinary litigation going to the permissibility of the development No questions of merit Quantification of costs sought
Parkes v Byron Shire Council and Anor (No 2) [2004] NSWLEC 550	NSW	Parkes Shire Council	NSWLEC	Interlocutory	—	Mixed	25 Feb 2004	Costs :- notice of motion - moving party withdrawing motion - costs
Parkes v Byron Shire Council & Anor [2003] NSWLEC 237	NSW	Parkes Shire Council	NSWLEC	—	—	—	8 Aug 2003	Question of Law :- statutory interpretation - "tourist facility" - an establishment providing holiday accommodation" - class 1 - application by proponent to re-categorise development proposal Words and Phrases:- "tourist facility" - "an establishment providing holiday accommodation"
Parkes v Byron Shire Council [2003] NSWLEC 104	NSW	Parkes Shire Council	NSWLEC	Granted	Other	Applicant	5 May 2003	Development Application :- appeal - motion for dismissal - no cause of action - court exercising council's functions and discretions Words and Phrases:- "illegible or unclear" - "in respect of the subject matter of the appeal"
Parkes v Byron Shire Council [2003] NSWLEC 78	NSW	Parkes Shire Council	NSWLEC	—	—	—	15 Mar 2002	Practice and Procedure :- determination of preliminary question of law by consent-whether costs should be ordered.