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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6,355 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 (5,357 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 1–11 of 11

National planning disputes
Catchwords
Drake v Randwick City Council [2021] NSWLEC 97NSWRandwick City CouncilNSWLECDismissedSubdivisionMixed16 Sept 2021COSTS - Class 1 strata subdivision appeal - strata subdivision appeal contingent on successful outcome in Class 1 dual occupancy (attached) development appeal - development appeal unsuccessful - strata subdivision appeal necessarily dismissed as a consequence - Respondent applies for costs of day of strata subdivision appeal addressing jurisdictional issues - no determination of jurisdictional issues - inappropriate to conduct hypothetical determination of jurisdictional issues in strata subdivi
Kelly v Randwick City Council [2019] NSWLEC 43NSWRandwick City CouncilNSWLECCostsDual occupancyCouncil5 Apr 2019COSTS - Class 1 merit appeal - application by successful party for a costs order - “fair and reasonable” test in the Land and Environment Court Rules 2007 - matters in favour of a costs order balanced by matters weighing against such an order - costs order refused - costs ordinarily follow the event on costs applications - whether purported Calderbank offer provided basis to award costs of costs application on an indemnity basis - no basis to depart from award of costs on an ordinary basis - Res
Woolworths Limited v Randwick City Council [2017] NSWCA 179NSWRandwick City CouncilNSWCARemittedRetailApplicant25 July 2017DEVELOPMENT – proposed development of existing building for shop – precondition to grant of consent to development of shop – whether building designed or constructed for purpose of “commercial premises” – “commercial premises” includes “retail premises” – misdirection to ask whether current use of building is for registered club – misdirection to ask whether registered club can be “commercial premises” – whether building designed or constructed for “retail premises” – misdirection to require ret
Wiedeman v Randwick City Council [2013] NSWLEC 159NSWRandwick City CouncilNSWLEC———27 Sept 2013ADMINISTRATIVE LAW - judicial review - apprehended bias - use of neighbourhood park for junior sports authorised by a development consent and temporary licence under s 108 of the Crown Lands Act 1989 - application to modify consent made under s 96 of the Environmental Planning and Assessment Act 1979 - Council only authority able to determine the application - principle of necessity - application for modification assessed by external independent consultant - assessment of comparable park use by
Defence Housing Australia v Randwick City Council [2013] NSWLEC 59NSWRandwick City CouncilNSWLECRemittedDual occupancyApplicant8 May 2013Appeal - appeal under s 56A Land and Environment Court Act - exercise of discretion to allow appellant to raise legal argument contrary to agreed position at first instance - development application not a Crown development application as defined in the Environmental Planning and Assessment Act 1979 - matter remitted to Commissioners for consideration of merits if any such issues remain
Randwick Racecourse Drive-in Cinema Pty Ltd v Randwick City Council [2010] NSWLEC 134NSWRandwick City CouncilNSWLECInterlocutoryTourismApplicant29 June 2010PRACTICE AND PROCEDURE :- expedition of proceedings
Pselletes v Randwick City Council [2009] NSWCA 262NSWRandwick City CouncilNSWCADismissedSingle dwellingCouncil8 Sept 2009ENVIRONMENT AND PLANNING – Environmental planning – Development control – Consents, approvals and permits – What constitutes consent – Development application for home renovations – Proposal to construct balcony subsequently withdrawn by applicant – Council determined to approve application exclusive of balcony – Notice of determination sent to applicant indicated inclusion of balcony in consent – Whether consent is constituted by determination of consent authority to approve development applica
Pselletes v Randwick City Council [2008] NSWLEC 234NSWRandwick City CouncilNSWLECDismissedSingle dwellingCouncil15 Aug 2008Development Consent :- appeal against order to comply with the terms of a consent; construction of consent; unauthorised works
Randwick City Council v Muzic [2006] NSWCA 66NSWRandwick City CouncilNSWCAUpheldOtherMixed6 Apr 2006Algae on concrete promenades giving access to council pool over many years because of council's inability to remove it — notice of frequent accidents, some serious — advice given to undertake remedial work — council decides to do nothing. - Presence of algae obvious — risk of serious injury from slipping on it not necessarily obvious — discharge of duty of care to persons invited to use promenades as access to pool required closure of promenades until remedial work completed — appeal against fin
Doueihi v Randwick City Council [2005] NSWLEC 527NSWRandwick City CouncilNSWLEC———23 Sept 2005Existing Use Rights :- factual determination of whether existing use rights extend to whole site or part thereof
Randwick City Council v Burnett & Anor [2005] NSWSC 508NSWRandwick City CouncilNSWSC———31 May 2005Liability of an entity to pay fees for use, occupation or rent of premises on Crown Land - Identity of entity responsible for fees - Cross claim for possession of goods left on subject premises - Conversion - Detinue - Tresspass to goods

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