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 1–15 of 15
| Catchwords | ||||||||
|---|---|---|---|---|---|---|---|---|
| Willoughby City Council v Rahmani [2017] NSWLEC 166 | NSW | Willoughby City Council | NSWLEC | Other | Subdivision | Council | 6 Dec 2017 | SENTENCE - prosecution for removal of trees contrary to requirement of development consent - early plea of guilty - trees were three mature specimens with long Safe Useful Life Expectancies - trees were part of a critically endangered ecological community - removal negligent but not reckless - consideration of Defendant’s subjective circumstances including agreement to order requiring planting of two replacement trees - appropriate starting penalty $90,000 - consideration of Defendant’s capacity |
| Willoughby City Council v Screnci [2015] NSWLEC 192 | NSW | Willoughby City Council | NSWLEC | Dismissed | Single dwelling | Applicant | 10 Dec 2015 | CRIMINAL LAW – plea of guilty entered – sentence hearing held – application to withdraw guilty plea and enter plea in bar – offences against s 125(1) of the Environmental Planning and Assessment Act – defendant caused development to be carried out without consent – prosecution must establish proceedings were commenced within limitation period – s 127(5) of the Environmental Planning and Assessment Act – evidence does not establish the proceedings were commenced in time – statutory bar upon comme |
| Cavric v Willoughby City Council [2015] NSWCA 182 | NSW | Willoughby City Council | NSWCA | — | — | — | 3 July 2015 | HIGHWAYS – car park used to pass from one street to another – whether car park a “public road” – whether owner council a “roads authority” – legislative history in relation to opening public roads in NSW area not a road under the common law – whether user sufficient basis to establish existence of public road under statute – whether the Roads Act 1993 (NSW), s 249 a separate test of what is a public road or evidentiary provision only – effect of the Conveyancing Act 1919 (NSW), 178 – Stojan (No |
| Willoughby City Council v Wu [2014] NSWLEC 165 | NSW | Willoughby City Council | NSWLEC | — | — | — | 20 Oct 2014 | CIVIL ENFORCEMENT - failure to comply with a statutory brothel closure order issued by a council - carrying out unauthorised development at the subject premises - whether declarations should be made in addition to injunctions - principles relating to declaratory relief. |
| Willoughby City Council v Chen [2014] NSWLEC 92 | NSW | Willoughby City Council | NSWLEC | Upheld | Licensed premises | Council | 3 July 2014 | CIVIL ENFORCEMENT: Brothel and sex uses at premises without consent - use and advertising prohibited - Council's closure order disobeyed - use alleged to have ceased. |
| Willoughby Council v Vlahos [2013] NSWLEC 71 | NSW | Willoughby City Council | NSWLEC | Upheld | Single dwelling | Council | 16 May 2013 | PROSECUTION - breach of s 125 of the Environmental Planning and Assessment Act 1979 - plea of guilty - removal of a tree required to be retained by conditions of a development consent - environmental harm - refusal of order under s 10 of the Crimes (Sentencing Procedure) Act 1999 |
| Willoughby City Council v Finlay (No.2) [2010] NSWLEC 233 | NSW | Willoughby City Council | NSWLEC | Upheld | Other | Council | 12 Nov 2010 | PROSECUTION :- development without consent, heritage significance, project designer charged as well as builder, plea of guilty, sentencing options, conviction, costs |
| Willoughby City Council v Finlay [2010] NSWLEC 184 | NSW | Willoughby City Council | NSWLEC | Other | Other | Applicant | 24 Sept 2010 | BIAS :- application at sentencing hearing that judge disqualify himself on ground of apprehended bias - findings of fact and credibility made by judge in earlier companion case favourable to the principal of defendant in that case to be called as prosecution witness in present case and to be contested by defendant in present case - application granted - desirability of giving notice of recusal application as soon as possible so that, if successful, the case may be heard forthwith by another judg |
| Willoughby City Council v BCPD Pty Limited [2010] NSWLEC 163 | NSW | Willoughby City Council | NSWLEC | Upheld | Other | Council | 31 Aug 2010 | ENVIRONMENTAL OFFENCES :- sentencing of builder for demolition without development consent. |
| SKULANDER v WILLOUGHBY CITY COUNCIL [2007] NSWCA 116 | NSW | Willoughby City Council | NSWCA | — | — | — | 18 May 2007 | TORTS – Negligence – essentials of action for negligence – duty of care – occupier’s liability – passenger at bus interchange collides with object protruding from wall - TORTS – Negligence – essentials of action for negligence – breach of duty of care – risk of collision – careless or inadvertent plaintiff – means and options of alleviating risk – placing obstacle around hazard – making object more visible – whether reasonable to do so - TORTS – negligence – contributory negligence – failure to |
| Randall Pty Limited v Willoughby City Council [2005] NSWLEC 51 | NSW | Willoughby City Council | NSWLEC | Dismissed | Other | Council | 17 Feb 2005 | Appeal :- question of utility where application refused by Commissioner on ground of merit. Whether Commissioner applied correct test of fact and degree for ancillary development. Development consent :- test for finality. Development :- whether development ancillary to other development. |
| Randall Pty Limited v Willoughby City Council [2004] NSWLEC 295 | NSW | Willoughby City Council | NSWLEC | Dismissed | Mixed use | Council | 11 June 2004 | Development Application :- proper basis for consideration of economic impacts of the locality - test for characterisation of development Appeal :- Commissioner's duty to give reasons - approach of "fine tooth comb" rejected |
| Willoughby City Council v Revelas [2004] NSWLEC 747 | NSW | Willoughby City Council | NSWLEC | Upheld | Other | Council | 3 June 2004 | Environmental Offences :- lopping tree without consent under Tree Preservation Order-Sentence-offence of low gravity-mitigating circumstances-modest penalty imposed |
| Willoughby City Council v Revelas [2004] NSWLEC 138 | NSW | Willoughby City Council | NSWLEC | Upheld | Other | Council | 8 Apr 2004 | Environmental Offences :- carrying out development without development consent-plea of guilty-mitigating circumstances-application for discharge. |
| Willoughby City Council v Revelas [2004] NSWLEC 147 | NSW | Willoughby City Council | NSWLEC | — | — | — | 8 Apr 2004 | Environmental Offences :- injuring tree without consent under TPO-honest and reasonable mistake |