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 1–18 of 18
| Catchwords | ||||||||
|---|---|---|---|---|---|---|---|---|
| JV Co.8 Pty Ltd v Council of the City of Shellharbour [2024] NSWSC 1249 | NSW | Shellharbour City Council | NSWSC | Interlocutory | — | Mixed | 17 Sept 2024 | CIVIL PROCEDURE – Discovery – Classes or categories of documents. |
| Williams v Shellharbour City Council [2020] NSWLEC 3 | NSW | Shellharbour City Council | NSWLEC | — | — | — | 6 Feb 2020 | SEPARATE QUESTION - subdivision - proposed community title subdivision - land zoned partially E3 and partially RU2 - heritage items located on the land - minimum allotment size requirements in local environmental plan - application refused by Council as not consistent with minimum allotment size requirements in local environmental plan - special provision governing development on land with heritage items - applicability of provision to proposed subdivision - provision not applicable to proposed |
| Williams v Shellharbour City Council [2019] NSWLEC 135 | NSW | Shellharbour City Council | NSWLEC | Interlocutory | Subdivision | Mixed | 25 Sept 2019 | SEPARATE QUESTION: whether to order a separate question – legal principles to be applied – question if answered negatively would be entirely dispositive of the proceedings – delay in making the application – substantial savings in costs and time – separate question ordered – parties not entitled to cease preparing for final hearing pending determination of separate question thereby causing potential vacation of hearing dates. |
| Capocchiano v Shellharbour City Council [2015] NSWLEC 28 | NSW | Shellharbour City Council | NSWLEC | Granted | Other | Mixed | 27 Feb 2015 | COMPULSORY ACQUISITION OF LAND – highest and best use – underlying zoning to be assumed – potential for rural residential use |
| Altz Pty Limited v Shellharbour City Council [2014] NSWLEC 147 | NSW | Shellharbour City Council | NSWLEC | Interlocutory | Retail | Applicant | 7 Aug 2014 | PROCEDURE - whether Court should order hearing of separate question |
| Shellharbour City Council v Altz Pty Ltd [2014] NSWLEC 57 | NSW | Shellharbour City Council | NSWLEC | — | — | — | 13 May 2014 | PRACTICE AND PROCEDURE - motion seeking adjournment of proceedings - purpose of adjournment to enable time for the determination of a development application - whether discretion to adjourn proceedings should be exercised - Civil Procedure Act 2005 (NSW) - adjournment granted in the interests of justice |
| Shellharbour City Council v Minister For Planning [2012] NSWLEC 29 | NSW | Shellharbour City Council | NSWLEC | — | — | — | 29 Feb 2012 | ENVIRONMENT AND PLANNING: judicial review - concept plan approval under s 75O of the Environmental Planning and Assessment Act 1979 - power constrained by cl 8N of the Environmental Planning and Assessment Regulation 2000 - constraint imposed by reference to land identified in a planning instrument as being of "high biodiversity significance" - definition in State Environmental Planning Policy (Major Projects) 2005 - principles of interpretation - necessity for certainty by identification of lan |
| Shellharbour City Council v Cooper [2010] NSWLEC 122 | NSW | Shellharbour City Council | NSWLEC | Upheld | Other | Council | 9 July 2010 | INJUNCTIONS AND DECLARATIONS :- development without consent - storage of a shipping container - failure to comply with an order given by council for removal - consent orders made |
| Shellharbour City Council v Stewart [2008] NSWLEC 216 | NSW | Shellharbour City Council | NSWLEC | — | — | — | 23 June 2008 | Costs :- indemnity costs – whether successful respondent in class 4 proceedings entitled to indemnity costs on bases of applicant’s unreasonable conduct or on Calderbank principles |
| Shellharbour City Council v Stewart [2008] NSWLEC 151 | NSW | Shellharbour City Council | NSWLEC | — | — | — | 23 Apr 2008 | Civil Enforcement :- Whether local government councillors disclosed information obtained in connection with the administration or execution of the Local Government Act 1993 in breach of s 664(1) and (1A) - Standard of proof taking into account the gravity of the matters alleged - Nature of circumstantial evidence. |
| Shellharbour City Council v Stewart [2008] NSWLEC 69 | NSW | Shellharbour City Council | NSWLEC | — | — | — | 13 Feb 2008 | Practice and Procedure :- |
| Neate v Shellharbour City Council (No 2) [2007] NSWLEC 541 | NSW | Shellharbour City Council | NSWLEC | Remitted | Other | Council | 28 Aug 2007 | Appeal :- errors of law by Senior Commissioner - whether exclusionary remitter order should be made under s56A(2) of the Land and Environment Court Act - whether reasonable apprehension of pre- |
| Neate v Shellharbour City Council [2007] NSWLEC 526 | NSW | Shellharbour City Council | NSWLEC | Varied | Multi dwelling | Mixed | 21 Aug 2007 | Appeal - Development Consent - Question of Law :- whether Development Control Plan given proper, genuine and real consideration - whether Development Control Plan properly applied - relationship between Development Control Plan made under the EP&A Act and NSW Government Floodplain Development Manual |
| Shellharbour City Council v Johnson [No 2] [2006] NSWCA 114 | NSW | Shellharbour City Council | NSWCA | — | — | — | 5 July 2006 | Plaintiff’s |
| Shellharbour City Council v Johnson [2006] NSWCA 67 | NSW | Shellharbour City Council | NSWCA | — | — | — | 6 Apr 2006 | Cyclists invited by council to use laneway to gain access to cycleway — blind spot at intersection of laneway and cycleway — fence to right of laneway and tree alongside cycleway as it curves to right — difficult for persons in laneway and cyclists on cycleway to see each other until reaching the curve itself — risk of collision obvious — intersection inherently dangerous and “trap” — duty of care owed — whether duty owed to person who fails to take reasonable care for his or her own safety — ri |
| Henry and Ors v Shellharbour City Council [2005] NSWLEC 365 | NSW | Shellharbour City Council | NSWLEC | Other | — | Mixed | 14 Apr 2005 | Practice and Procedure :- revocation by Council of order issued under s 121B - previous undertaking not to take any action at site without Court Order - whether Council released from undertaking |
| Miltonbrook Managements Pty Limited v Shellharbour City Council [2004] NSWLEC 185 | NSW | Shellharbour City Council | NSWLEC | Dismissed | Subdivision | Applicant | 13 Feb 2004 | Question of Law :- whether development application including artificial waterbodies is designated development - whether applicant barred from raising legal issues determined in earlier proceedings relating to very similar development application - whether artificial water bodies are in high watertable area - whether designated development because development is an extractive industry |
| Unicomb Development Services Pty Limited v Shellharbour City Council [2003] NSWLEC 89 | NSW | Shellharbour City Council | NSWLEC | Other | Subdivision | — | 23 Apr 2003 | Question of Law :- statutory interpretation - development application - appeal - subdivision - zoning - where zones 1(a) 7(d) and 2(e) adjoin within subject land - which zone's rules apply - zone objectives |