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 1–19 of 19

National planning disputes
Catchwords
Deborah Gay Michalek v Penrith City Council (No 2) [2026] NSWLEC 37NSWPenrith City CouncilNSWLECCostsSubdivisionCouncil17 Apr 2026COSTS – unsuccessful applicant for interlocutory injunction ordered to pay costs of respondent – no public interest identified – usual rule that costs follow the event applied
Geetha Rajagopalan v Penrith City Council [2026] NSWLEC 44NSWPenrith City CouncilNSWLECDismissed—Council15 Apr 2026CRIME – appeals – appeal against conviction and sentence – failure to comply with a development control order s 9.37(1) of the Environment Planning and Assessment Act 1979 (NSW) – appeal against severity of sentence – s 10(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW)
Karnauchow v Penrith City Council [2026] NSWLEC 17NSWPenrith City CouncilNSWLECDismissedOtherCouncil25 Feb 2026PROCEDURE: application to strike out expert report on the grounds of criminal perjury – claim for compensation in the sum of $250,000 – expert report not yet in evidence – power to award compensation not engaged because appeal not yet determined – motion dismissed.
Rajagopalan v Penrith City Council [2026] NSWLEC 28NSWPenrith City CouncilNSWLECDismissedOtherCouncil20 Feb 2026APPEAL – Criminal procedure – Notice of motion for suppression and non-publication order – Notice of motion dismissed
Musial v Penrith City Council [2022] NSWLEC 134NSWPenrith City CouncilNSWLECDismissedOtherCouncil22 Nov 2022APPEAL ‑ use of the Defendant’s site as a “waste or resource transfer station” prohibited by the Penrith Local Environmental Plan 2010 ‑ development control order prohibited use of the Defendant’s site as a “waste or resource transfer station” ‑ development control order also required Defendant to remove accumulated waste material stored on the site by 9 May 2021 ‑ on three days in March 2021, Defendant transports additional material onto the site in breach of the first element of development co
Toga Penrith Developments Pty Limited v Penrith City Council [2022] NSWLEC 117NSWPenrith City CouncilNSWLECDismissedMixed useCouncil12 Sept 2022APPEAL – appeal against Commissioner’s decision – refusal of development consent – mixed use development in Penrith City Centre – non-satisfaction of jurisdictional preconditions – overshadowing of public open space – construction of clause – whether public open space must be in Penrith City Council – whether development exhibits design excellence – relevant matters to be considered – architectural design competition to be held – whether views of Design Integrity Panel after competition held rel
CK Design Pty Ltd v Penrith City Council [2022] NSWLEC 82NSWPenrith City CouncilNSWLECInterlocutoryLicensed premisesCouncil7 July 2022SEPARATE QUESTION: whether a question should be determined separately and in advance of the final hearing – applicable legal principles – the resolution of the separate question will substantially narrow the evidential and factual field of controversy – substantial savings in terms of expert evidence and costs if separate question ordered – utility of s 34 conciliation eroded if separate question not ordered – application granted.
Chahoud v Penrith City Council [2020] NSWLEC 167NSWPenrith City CouncilNSWLECDismissedIndustrialApplicant30 Nov 2020APPEAL: appeal against sentence – pleas of guilty entered in the court below – construction of large shed without consent – prohibited use of the land as a truck depot – no actual or potential environmental harm other than to integrity of planning regime – mental state of the offender at the time of the commission of the offences – criminal negligence or recklessness – capacity to pay a fine – application of totality principle – appeal allowed – no order as to costs.
Penrith Lakes Development Corporation Ltd v Penrith City Council [2015] NSWLEC 9NSWPenrith City CouncilNSWLEC———5 Feb 2015DEVELOPMENT APPLICATION – motion to determine permissibility as a separate question – rule 28.2 of the Uniform Civil Procedure Rules 2005 – contentious questions of fact necessary to determine the proposed question – inappropriate basis for separate and preliminary determination
Stanton Dahl Architects v Penrith City Council [2010] NSWLEC 156NSWPenrith City CouncilNSWLECCostsEducationCouncil17 Aug 2010COSTS :- class 1 development appeal - whether applicant should pay respondent's costs of a hearing caused by amended plans responsive to commissioners' “amber light”.
Calardu Penrith Pty Ltd v Penrith City Council & Anor [2010] NSWCA 189NSWPenrith City CouncilNSWCADismissedRetailCouncil6 Aug 2010ENVIRONMENT AND PLANNING – development control – consent – whether Council acted ultra vires in purporting to grant development consent – whether development had capital investment value exceeding $10 million – whether tenancy fit-out costs included in determination of capital investment value
Agostino v Penrith City Council [2010] NSWCA 20NSWPenrith City CouncilNSWCADismissedOtherCouncil3 Mar 2010APPEAL – Practice and procedure – New South Wales – Extension of time for appeal – Summons for leave to appeal filed late – Delay in the seeking of alternative advice with respect to the prospects of a successful appeal from the
Marzouk Sam v Penrith City Council [2007] NSWLEC 415NSWPenrith City CouncilNSWLECRefusedRetailCouncil11 July 2007Development Application :- Whether clause in LEP is development standard or prohibition. Development standard - whether clause referable to essential elements of the development - amounts to prohibition.
Penrith City Council v Parks (No 2) [2004] NSWCA 381NSWPenrith City CouncilNSWCA———1 Nov 2004Costs - whether order for solicitor/client costs pursuant to District Court rules inconsistent with provisions in Pt 11 Div 5B of Legal Profession Act 1987 - not inconsistent - whether inconsistent with provisions in Pt 11 Div 6 not argued - Calderbank offer made pending appeal - whether should bring enhanced costs on appeal - no enhancement. D
Penrith City Council v Parks [2004] NSWCA 201NSWPenrith City CouncilNSWCA———21 June 2004Negligence - defective paving slab - council cut slab preparatory to repairs - created hazard of cut section tilting underfoot - tilted and pedestrian tripped - whether negligence - whether damages for non-economic loss excessive - reassessment of damages for non-economic loss - whether damages for future economic loss excessive - whether s 13 of Civil Liability Act 2002 complied with - no material error and damages not excessive. D.
McCann v Penrith City Council [2004] NSWLEC 232NSWPenrith City CouncilNSWLECDismissedOtherCouncil11 May 2004Appeal :- appeal against clean up notice and failure to provide information - plea of guilty - no genuine recognition of guilt- mixed questions of fact and law - conviction set aside and prosecution remitted to Local Court
Plumb v Penrith City Council and Anor [2003] NSWLEC 161NSWPenrith City CouncilNSWLECCostsEducationCouncil3 July 2003Costs :- special circumstances - public interest - no award of costs
Agostino & Anor v Penrith City Council [2002] NSWLEC 222NSWPenrith City CouncilNSWLEC———13 Dec 2002Development Application :- prohibition on expansion of use
Plumb v Penrith City Council and Anor [2002] NSWLEC 223NSWPenrith City CouncilNSWLECDismissedEducationCouncil2 Dec 2002Judicial Review :- development application - educational establishment - whether species impact statement required - endangered ecological community - Cumberland Plain Woodland - jurisdictional fact - opinion evidence - whether ecological community exists on site - whether development likely to significantly affect ecological community - application of the eight part test

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