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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6,347 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 (5,356 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 1–22 of 22

National planning disputes
Catchwords
Port Macquarie-Hastings Council v David Peter Waite (No 2) [2020] NSWLEC 60NSWPort Macquarie-Hastings CouncilNSWLEC———27 May 2020SENTENCING – environmental offences – Environmental Planning and Assessment Act 1979 – carry out development otherwise than in accordance with conditions of development consent – erect structures without development consent – Local Government Act 1993 – carry out an activity without obtaining prior approval – guilty pleas – whether contents of leaflet impacts remorse – defendant not cross-examined – utilitarian value of guilty pleas – penalties reflect proportional criminality not solely general
Port Macquarie-Hastings Council v Waite [2019] NSWLEC 146NSWPort Macquarie-Hastings CouncilNSWLEC———9 Oct 2019CRIMINAL OFFENCES: voir dire as to the admissibility of a record of interview in criminal proceedings – whether evidence inadmissible by reason of a failure of the council to advise the accused of his privilege against self-incrimination as required under statute – whether accused required to answer questions or whether interview voluntary. EVIDENCE: whether record of interview was illegally or improperly obtained – whether admissions contained in record of interview should be excluded on discre
Port Macquarie-Hastings Council v Mansfield [2018] NSWLEC 107NSWPort Macquarie-Hastings CouncilNSWLECDismissedOtherCouncil16 July 2018SUBPOENA: Application to set aside subpoenas to two companies on several grounds – whether they inappropriately rely on information obtained by the tainted use of a coercive investigation power – legitimate forensic purpose – abuse of process – ulterior purpose – other subsidiary objections.
Dennes v Port Macquarie-Hastings Council [2018] NSWLEC 95NSWPort Macquarie-Hastings CouncilNSWLECDismissedSingle dwellingCouncil21 June 2018APPEAL – appeal against Council’s decision on deferred commencement condition – whether deferred commencement consent has lapsed – applicant failed to satisfy Council of matter specified in deferred commencement condition within specified time – deferred commencement consent has lapsed
Port Macquarie-Hastings Council v Diveva Pty Limited [2017] NSWCA 97NSWPort Macquarie-Hastings CouncilNSWCA———12 May 2017CONTRACTS – contract between Council and successful tenderer ‑ proper construction of option DAMAGES – calculation of damages for breach of contract – assessment of damages for loss of chance to renew the contract – future-looking damages
Diveva Pty Ltd v Port Macquarie-Hastings Council [2016] NSWSC 1790NSWPort Macquarie-Hastings CouncilNSWSCGrantedOtherApplicant13 Dec 2016CONTRACT – dispute between plaintiff construction company and defendant local council arising out of the supply, delivery and laying of asphalt – nature and purpose of the option provision in the contract – whether the option provision on its proper construction granted the plaintiff an option to extend the contract or whether the option was one exercisable by the defendant council – assuming the option was exercisable by the plaintiff, whether a term ought to be implied into the contract to the
Diveva Pty Limited v Port Macquarie-Hastings Council [2015] NSWSC 430NSWPort Macquarie-Hastings CouncilNSWSCCosts—Applicant14 Apr 2015COSTS – UCPR 42.1 - general rule that costs follow the event - s 98 Civil Procedure Act 2005 (NSW) - court’s discretion to determine by whom, to whom and to what extent costs are to be paid
Port Macquarie Hastings Council v Mooney [2014] NSWCA 156NSWPort Macquarie-Hastings CouncilNSWCAUpheldOtherCouncil20 May 2014TORTS - negligence - duty of care - pedestrian deviated from footpath and fell sustaining injury - identification of the relevant risk of harm - effect of failure to identify relevant risk on consideration of precautions a reasonable person in the position of the Council would have taken
Port Macquarie-Hastings Council v Notley [2013] NSWLEC 193NSWPort Macquarie-Hastings CouncilNSWLECInterlocutorySingle dwellingCouncil11 Nov 2013PROCEDURE: application to vacate
Taylor v Port Macquarie-Hastings Council [2010] NSWLEC 153NSWPort Macquarie-Hastings CouncilNSWLEC———13 Aug 2010COSTS :- in class 3 proceedings for compensation for compulsory acquisition under Land Acquisition (Just Terms Compensation) Act 1991 - general costs principles relating to such proceedings - whether offers of compromise fell within the rules of court - if so, whether otherwise orders should be made - whether offer of compromise alternatively operated as a Calderbank offer - whether costs should be apportioned - interest on costs.
Taylor v Port Macquarie-Hastings Council [2010] NSWLEC 142NSWPort Macquarie-Hastings CouncilNSWLEC———3 Aug 2010EVIDENCE :- whether anything said at a conciliation conference under s 34 Land and Environment Court Act 1979 is admissible in evidence at a costs hearing in an action for compensation for compulsory acquisition of land or whether the court should exercise its discretion to refuse to admit such evidence.
Taylor v Port Macquarie-Hastings Council [2010] NSWLEC 146NSWPort Macquarie-Hastings CouncilNSWLEC———3 Aug 2010COSTS :- contending without notice during a costs hearing that the other party's costs are disproportionate and seeking to tender supporting evidence.
Taylor v Port Macquarie-Hastings Council [2010] NSWLEC 158NSWPort Macquarie-Hastings CouncilNSWLEC———27 July 2010PRACTICE AND PROCEDURE :- notices of motion to set aside notices to produce - costs.
Taylor v Port Macquarie-Hastings Council [2010] NSWLEC 113NSWPort Macquarie-Hastings CouncilNSWLECVariedOtherMixed1 July 2010COMPULSORY ACQUISITION OF LAND :- rural land - whether potential for higher and better use - consideration of ecology, physical constraints and published planning strategies - whether other sales comparable - whether evidence of subjective intention of purchasers of other land is relevant to comparability
HASTINGS CO-OPERATIVE LTD v PORT MACQUARIE HASTINGS COUNCIL [2009] NSWCA 400NSWPort Macquarie-Hastings CouncilNSWCADismissedCommercialCouncil8 Dec 2009ENVIRONMENT AND PLANNING – development control – prohibited development – shops prohibited by zoning table – proviso to definition of shop – proviso consisting of building or place elsewhere specifically defined or place used for land use elsewhere specifically defined – general store defined as type of shop – whether general store falls within scope of proviso - STATUTORY INTERPRETATION – environment and planning – overall context of planning instrument – identification of coherent theme or pol
Taylor & Anor v Port Macquarie Hastings Council [2009] NSWLEC 175NSWPort Macquarie-Hastings CouncilNSWLECVaried—Mixed23 Sept 2009APPEAL - PRACTICE AND PROCEDURE :- notice of motion to review registrar's decision to set aside a subpoena to a third party and a notice to produce to the respondent - notice of motion partially successful - notice of motion to strike out the applicants' amended points of claim - no leave to amend points of claim had been granted - leave sought at hearing of notice of motion - leave not granted - costs
Port Macquarie – Hastings Council v Lawlor Services Pty Limited; Port Macquarie – Hastings Council v Petro (No 6) [2007] NSWLEC 567NSWPort Macquarie-Hastings CouncilNSWLECUpheldOtherCouncil21 Sept 2007Prosecution :- whether trees destroyed in breach of Tree Preservation Order - whether clearing activity in accordance with permit being a Harvest Management Plan - whether continuing use rights existed to activity the subject of the charge under s109(1) Prosecution: - joint criminal enterprise - whether a defendant criminally liable for acts of bulldozer driver who was not charged Prosecution: - whether defendant company/landowner guilty for acts of other defendant because he was "heart and mind
Port Macquarie – Hastings Council v Lawlor Services Pty Limited; Port Macquarie – Hastings Council v Petro (No 5) [2007] NSWLEC 362NSWPort Macquarie-Hastings CouncilNSWLECDismissedExtractiveApplicant19 June 2007Prosecution :- whether "no case to answer" submission should be granted.
Port Macquarie – Hastings Council v Lawlor Services Pty Limited, Port Macquarie – Hastings Council v Petro (No 3) [2007] NSWLEC 410NSWPort Macquarie-Hastings CouncilNSWLECInterlocutoryOtherCouncil6 June 2007Evidence :- Opinion Evidence - whether expert witness should be allowed to give oral evidence despite non-compliance with Supreme Court Rules 1970 Pt 75 r 3J.
Port Macquarie – Hastings Council v Lawlor Services Pty Limited; Port Macquarie – Hastings Council v Petro (No 2) [2007] NSWLEC 324NSWPort Macquarie-Hastings CouncilNSWLECInterlocutoryOther—5 June 2007Evidence :- whether order should be made under s38(1) of the Evidence Act 1995 to allow prosecution to cross-examine its own witness
Port Macquarie – Hastings Council v Lawlor Services Pty Limited, Port Macquarie – Hastings Council v Petro (No 1) [2007] NSWLEC 323NSWPort Macquarie-Hastings CouncilNSWLECOther——30 May 2007Evidence :- Admissibility - opinion evidence - lay opinion - whether evidence able to be received under section 78 Evidence Act 1995 - whether council officer can give estimate of number of trees removed from land between two dates
Caruana v Port Macquarie-Hastings Council [2007] NSWLEC 109NSWPort Macquarie-Hastings CouncilNSWLEC———6 Mar 2007Compulsory Acquisition of Land :- Compensation:- capitalisation of rents methodology - whether permissible to take into account pre-acquisition offer to rent subject property in a claim under Land Acquisition (Just Terms Compensation) Act 1991 (NSW) - admissibility of offers when determining value - loss attributable to disturbance as defined in s 59 - whether pre-acquisition rental losses are financial costs, relating to the actual use of the land, as a direct and natural consequence of the acq

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