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.
State
Posture
Analysis
Won by
Outcome
Filtered to
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 1–14 of 14
| Catchwords | ||||||||
|---|---|---|---|---|---|---|---|---|
| Connect Global Limited v Port Stephens Council [2024] NSWLEC 20 | NSW | Port Stephens Council | NSWLEC | Interlocutory | Other | Council | 18 Mar 2024 | CIVIL PROCEDURE – application to adjourn Class 1 appeals pending outcome of Class 4 proceeding refused |
| Environment Protection Authority v Port Stephens Council [2011] NSWLEC 209 | NSW | Port Stephens Council | NSWLEC | Upheld | Other | Applicant | 21 Nov 2011 | PROSECUTION - sentence - offence against s 48(2) of the Protection of Environment Operations Act 1997 - Council carrying on a "waste facility" without a licence contrary to provisions of the Act - no actual environmental harm - contrition demonstrated by defendant - mitigating factors - low end of scale of objective seriousness - penalty imposed - publication order made |
| Hooper v Port Stephens Council [2009] NSWLEC 234 | NSW | Port Stephens Council | NSWLEC | Dismissed | Single dwelling | Council | 18 Dec 2009 | INJUNCTIONS AND DECLARATIONS :- no serious question to be tried - balance of convenience against granting of injunction |
| Tunwish Pty Limited v Port Stephens Council [2009] NSWLEC 52 | NSW | Port Stephens Council | NSWLEC | Varied | Licensed premises | Mixed | 3 Mar 2009 | DEVELOPMENT APPLICATION :- hotel - place of public entertainment within hotel - conditions relating to hours of operation, RSA monitor, security personnel and courtesy bus service |
| Port Stephens Council v Jeffrey Sansom [2007] NSWCA 299 | NSW | Port Stephens Council | NSWCA | Dismissed | Commercial | Applicant | 25 Oct 2007 | ENVIRONMENT AND PLANNING - Courts and tribunals with environment jurisdiction - New South Wales - Land and Environment Court and its predecessors - Costs - Land and Environment Court Rules Pt 16, r 4 - Status of case law dealing with former test - ENVIRONMENT AND PLANNING - Courts and tribunals with environment jurisdiction - New South Wales - Land and Environment Court and its predecessors - Costs - Land and Environment Court Rules Pt 16, r 4 - Discretionary nature of award of costs - Approach |
| Port Stephens Council v SS & LM Johnston Pty Ltd; Port Stephens Council v Port Stephens Veterans and Citizens Aged Care Limited [2007] NSWLEC 30 | NSW | Port Stephens Council | NSWLEC | Dismissed | Other | Applicant | 30 Jan 2007 | Prosecution :- clearing - whether development consent required - whether exempt development - onus of proof - evidential burden |
| Sansom v Port Stephens Council (No 2) [2006] NSWLEC 504 | NSW | Port Stephens Council | NSWLEC | Costs | Other | Mixed | 18 Aug 2006 | Costs :- Whether costs should follow the event in preliminary question of law in Class 1 proceedings |
| Sansom v Port Stephens Council [2006] NSWLEC 475 | NSW | Port Stephens Council | NSWLEC | — | — | — | 1 Aug 2006 | Question of Law :- Refusal of development application for change of use - meaning of "tourist facility", "commercial premises" and "warehouse" in Port Stephens Local Environmental Plan 2000 - meaning of "accommodation" |
| Port Stephens Council v Theodorakakis (NO 2) [2006] NSWCA 143 | NSW | Port Stephens Council | NSWCA | — | — | — | 5 June 2006 | COSTS - - LEGAL PROFESSION - Cap on costs recoverable in connection with personal injury damages claims - cap applies in appeal unless Court of Appeal makes excluding order - unsuccessful defendant applied for leave to appeal and failed - cap of $13,587.23 on damages probably already exceeded after 3-day hearing in District Court - held by majority (Bryson JA dissenting) it had not been shown that the application for leave to appeal was not reasonably necessary for advancement of claimant's case |
| PORT STEPHENS COUNCIL v THEODORAKAKIS [2006] NSWCA 70 | NSW | Port Stephens Council | NSWCA | — | — | — | 6 Apr 2006 | NEGLIGENCE - highway - trip and fall on footpath - application for leave to appeal from |
| Imhoff v Port Stephens Council [2005] NSWLEC 262 | NSW | Port Stephens Council | NSWLEC | — | — | — | 23 May 2005 | Appeal :- rating - appeal against categorisation of land - whether appeal within time - whether applicants requested review of categorisation |
| Port Stephens Council v Field [2004] NSWCA 226 | NSW | Port Stephens Council | NSWCA | — | — | — | 12 July 2004 | TORTS - Negligence - Negligent construction - Stormwater pipes - Hole in ground above pipes - EVIDENCE - Balance of probabilities - Onus of proof - Inadequate evidence to make out case |
| Gee v Port Stephens Council [2003] NSWLEC 260 | NSW | Port Stephens Council | NSWLEC | — | — | — | 17 Oct 2003 | Costs - Designated Development - Practice and Procedure :- Costs in planning and building appeals where preliminary question of law Status of practice direction Practice not to award costs in planning and building appeals in absence of exceptional circumstances Rationale for departure from ordinary costs principles in relation to merit review Where proceedings take on character of conventional litigation ordinary principles to be applied to making of costs order |
| Port Stephens Veterans and Citizens Aged Care Limited v Port Stephens Council [2002] NSWLEC 242 | NSW | Port Stephens Council | NSWLEC | Dismissed | Health | Council | 18 Dec 2002 | Development Application :- amended plans - whether Court exercises its discretion to consent to amend the development application and grant leave to rely on amended plans |