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 1–30 of 173

National planning disputes
Catchwords
Godfrey v Wollondilly Shire Council [2026] NSWCA 181NSWWollondilly Shire CouncilNSWCARemittedMixed useMixed7 Sept 2026ENVIRONMENT AND PLANNING – development consents to carry out different developments on rural land – construction of consents – nature and extent of developments approved – leave to adduce further evidence to construe a consent – carrying out of development in breach of consents – injunctions to restrain breach of consents – how conditions of consent may themselves be breached – whether terms of injunctions too broad and imprecise
MacLean v Richmond Valley Council [2026] NSWCA 66NSWRichmond Valley CouncilNSWCA———22 Apr 2026APPEALS — Leave to appeal — appeal brought out of time — extension of time granted — application for leave to appeal from a decision that the Council did not owe and did not breach the duty of care alleged — issues of principle — leave to appeal granted NEGLIGENCE — Personal injury — pedestrian tripped against a “raised lip” on concrete footpath in early morning light — internal Council policy for the assessment and maintenance of footpaths — whether Council owed a duty of care to respond to the
Orange City Council v Willis [2026] NSWCA 51NSWOrange City CouncilNSWCADismissed—Applicant14 Apr 2026APPEALS — appeal from findings of fact — whether the primary judge erred in finding the Council had actual knowledge of the risk which caused the harm — whether knowledge of particular class of Council persons required – whether the primary judge erred in failing to find the liability arose from road works for the purpose of s 45 of the Civil Liability Act 2002 (NSW) — whether the primary judge erred in failing to find that the claim relied on the exercise of a special statutory power for the pu
Fred Caterson Champions Inc trading as Fred Caterson Champions v The Hills Shire Council trading as The Hills Shire Council [2026] NSWCA 24NSWThe Hills Shire CouncilNSWCA———10 Mar 2026APPEALS – leave to appeal – where application for leave to rely on expert report refused in the Land and Environment Court – whether leave to appeal should be granted to reconsider that decision
The Owners – Strata Plan No 7114 v Northern Beaches Council [2025] NSWCA 197NSWNorthern Beaches CouncilNSWCADismissedMixed useCouncil28 Aug 2025CONTRACT — Local council licensed car parking spaces to owners corporation — Council claim for unpaid licence fees — Owners corporation cross-claim to recover licence fees paid under mistaken belief of obligation to pay — Construction of licence agreement — No mistaken payment — Owners corporation liable for unpaid licence fees TORTS — Trespass and private nuisance — Roller door restricting potential incorporation of spaces into public car park — Loss of car park revenue — Substantial and unreas
Piety Developments Pty Ltd v Cumberland City Council (No 2) [2024] NSWCA 196NSWCumberland CouncilNSWCADismissedOtherCouncil7 Aug 2024PRACTICE AND PROCEDURE – urgent application for stay pending as yet unfiled application for special leave to appeal to the High Court – application of Burgundy Royale test – no substantial prospect of special leave being granted – stay refused
Filetron Pty Ltd v Innovate Partners Pty Ltd atf Banton Family Trust 2 and Goulburn Mulwaree Council (No 2) [2024] NSWCA 72NSWGoulburn Mulwaree CouncilNSWCACosts—Applicant4 Apr 2024COSTS – Party/Party – as to the costs of the proceedings at first instance, whether should be deduction to reflect costs incurred prior to amendment of summons in relation to claims or contentions then abandoned – Whether parties should bear their own costs in respect of a notice of motion filed by the second respondent under s 25C of the Land and Environment Court Act in the proceedings
Filetron Pty Ltd v Innovate Partners Pty Ltd atf Banton Family Trust 2 and Goulburn Mulwaree Council [2024] NSWCA 41NSWGoulburn Mulwaree CouncilNSWCAGrantedMixed useApplicant29 Feb 2024ENVIRONMENT AND PLANNING – Development applications – Delegation of assessment function of local council – Whether delegate had authority to determine application – Interpretation of relevant instruments of delegation and sub-delegation and policy – Whether primary judge erred by interpreting “submission by way of objection” by reference to the statutorily directed time period under the Environmental Planning and Assessment Act 1979 (NSW) – Whether objection was “a reasonable and unresolved obje
Kudrynski v Orange City Council [2024] NSWCA 33NSWOrange City CouncilNSWCADismissedOtherCouncil22 Feb 2024APPEALS – s 57(1) Land and Environment Court Act 1979 (NSW) – requirement for appeal to be from an order or decision on a question of law – deficiencies in the notice of appeal – whether any of the 24 grounds met this requirement COMPULSORY ACQUISITION – Compensation – vacant land acquired by local council for public purpose of stormwater harvesting project – highest and best use of land for rural residential development – appellants sought $160 million compensation below and on appeal
Coffs Harbour City Council v Noubia Pty Ltd [2024] NSWCA 19NSWCoffs Harbour City CouncilNSWCA———12 Feb 2024VALUATION OF LAND – Compulsory acquisition – land transferred to public authority as condition of development consent – Compensation – land valued according to principles of compulsory acquisition – Construction of s 56(1)(a) of Land Acquisition (Just Terms Compensation) Act 1991 (NSW) – Determination of market value – decrease in land value attributed to public purpose – Statutory disregard – Identification of public purpose CAUSATION – whether public purpose caused decrease in land’s value – w
Piety Developments Pty Ltd v Cumberland City Council [2024] NSWCA 18NSWCumberland CouncilNSWCAInterlocutoryOtherApplicant5 Feb 2024CIVIL PROCEDURE — stay of
Turnbull v Clarence Valley Council [2023] NSWCA 295NSWClarence Valley CouncilNSWCA———8 Dec 2023Appeals – application for leave to appeal from summary dismissal of proceedings – pleading disclosed no reasonable cause of action – no prospect that leave to replead would result in viable claim – leave to appeal refused – no issue of principle
Mangoola Coal Operations Pty Ltd v Muswellbrook Shire Council [2023] NSWCA 275NSWMuswellbrook Shire CouncilNSWCADismissedExtractiveCouncil21 Nov 2023LIMITATION OF ACTIONS – overpaid rates – no claim made within 12 month limitation period imposed by Recovery of Imposts Act 1963 (NSW), s 2(1) – whether ratepayer’s claim was claim to recover tax “recoverable on restitutionary grounds” – whether claims “recoverable on restitutionary grounds” confined to claims at common law as opposed to statutory claims – significance of extrinsic materials to construction of statute – whether claim for credit as opposed to refund of overpaid rates was a claim
May v Northern Beaches Council [2023] NSWCA 205NSWNorthern Beaches CouncilNSWCA———5 Sept 2023APPEALS — Leave to appeal — interlocutory decision in Land and Environment Court to summarily dismiss judicial review proceedings — applicant advanced no discrete basis for grant of leave — proposed grounds of appeal relied on in support of leave — leave refused
Ballina Shire Council v Moore [2023] NSWCA 155NSWBallina Shire CouncilNSWCA———6 July 2023TORTS – negligence – breach of duty – public authority – responsibility for care and management of shared pathway – identifying risk of harm – whether risk not insignificant - duty to pedestrians and cyclists – fall by cyclist in avoiding bollard – precaution of removing remaining bollard of pair – purpose of bollard to create obstacle – whether single bollard had social utility – burden of precautions to avoid similar risks – whether reasonable authority would have taken precaution of removing
Eddy v Goulburn Mulwaree Council [2022] NSWCA 87NSWGoulburn Mulwaree CouncilNSWCA———7 June 2022NEGLIGENCE — Defences — Civil Liability Act 2002 (NSW), s 45 — Whether defendant had actual knowledge of the particular risk the materialisation of which resulted in the harm — Extent of specificity required by phrase “particular risk”
Coffs Harbour City Council v Noubia Pty Limited [2022] NSWCA 32NSWCoffs Harbour City CouncilNSWCA———2 Mar 2022APPEAL – leave to appeal – discretionary decision on matter of practice and procedure – admission of further evidence on remitter – no issue of principle, public importance or injustice
Dubow v Mid-Western Regional Council (No 3) [2021] NSWCA 279NSWMid-Western Regional CouncilNSWCA———17 Nov 2021APPEAL – application for leave to appeal – judicial review of conduct of local council – whether local council an impounding authority – powers of council officers to impound stock straying on public road – whether alpacas are stock or animals PROCEDURE – costs – availability of gross costs order – notice of intention to make gross costs order – whether procedural unfairness
Young v Richmond Valley Council [2021] NSWCA 255NSWRichmond Valley CouncilNSWCA———26 Oct 2021APPEALS — Leave to appeal — where applicant seeks leave to appeal from summary dismissal — where applicant had brought proceedings for recovery of land against party other than the registered proprietor — where no viable claim
Dubow v Mid-Western Regional Council (No 2) [2021] NSWCA 223NSWMid-Western Regional CouncilNSWCADismissed—Council16 Sept 2021PRACTICE AND PROCEDURE – application for leave to appeal – stay of enforcement of costs order – referral for pro bono assistance – motion dismissed
Cox v Mid-Coast Council [2021] NSWCA 190NSWMid-Coast CouncilNSWCADismissedOtherCouncil31 Aug 2021NEGLIGENCE – dangerous recreational activities – appellant suffered injury in mid-air collision between light aircraft and Ferris wheel – appellant engaged in dangerous recreational activity of landing at an unregulated aircraft landing area – whether appellant suffered harm as the result of the materialisation of an obvious risk of a dangerous recreational activity – appropriate level of generality when characterising risk – obviousness of risk – appellant’s harm resulted from manifestation of
Dubow v Mid-Western Regional Council [2021] NSWCA 175NSWMid-Western Regional CouncilNSWCA———9 Aug 2021PRACTICE AND PROCEDURE – appeal – stay pending hearing of application for leave to appeal – gross costs order – stay of enforcement
Wollongong City Council v Williams [2021] NSWCA 140NSWWollongong City CouncilNSWCA———9 July 2021TORTS — Negligence — Appellant injured as a result of falling on the first step on a stepped path in a park — Whether the primary judge erred in finding that the appellant had breached the duty of care which it owed to the respondent — Primary judge found the respondent to be a witness of credit who maintained that he was taking care and was not distracted —Experts agreed that single steps presented a hazard — Primary judge was not in error in finding that the appellant failed to take reasonable
R.I.G. Consulting Pty Ltd v Queanbeyan-Palerang Regional Council [2021] NSWCA 130NSWQueanbeyan-Palerang Regional CouncilNSWCADismissedSubdivisionCouncil1 July 2021ENVIRONMENT AND PLANNING — consent — power to grant – subdivision – provision fixing development standard – minimum size of lots created by subdivision – proposed subdivision non-compliant – whether development standard applied to proposed subdivision – provision that consent not be granted for subdivision of “resulting lot” – proposed subdivision of a resulting lot – whether provision applied to proposed subdivision
Mangoola Coal Operations Pty Limited v Muswellbrook Shire Council [2021] NSWCA 46NSWMuswellbrook Shire CouncilNSWCARemittedExtractiveApplicant25 Mar 2021LOCAL GOVERNMENT – powers, functions and duties – rates and charges – categorisation of land for rating purposes – re-categorisation by Council of farmland to mining land – relevance of impact of ongoing drought on cattle grazing – hiatus in activity on land different to abandonment – activity in rating years required to be considered in its context including what occurred previously on the land and what intended to occur after LOCAL GOVERNMENT – powers, functions and duties – rates and charges
Coffs Harbour City Council v Noubia Pty Ltd [2020] NSWCA 142NSWCoffs Harbour City CouncilNSWCA———15 July 2020CIVIL PROCEDURE – hearings – procedural fairness – judge preferring evidence of one expert over another – earlier role of expert addressed during proceedings – basis of preference based on earlier role – no unfairness ENVIRONMENT AND PLANNING – consent – conditions – construction – transfer of land to Council – public purpose – importation of valuation principles from the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) JURISDICTION – Land and Environment Court – valuation of land – no
Barrak v City of Parramatta Council [2019] NSWCA 213NSWCity of Parramatta CouncilNSWCA———3 Sept 2019LOCAL GOVERNMENT — powers, functions and duties — power of mayor and council to expel councillor for “act of disorder” — whether describing mayor as “clown” during meeting an “act of disorder” — whether power of expulsion validly exercised — whether dispute suitable for adjudication by Land and Environment Court WORDS AND PHRASES — “act of disorder” — Local Government (General) Regulation 2005, r 256
Wollongong City Council v Papadopoulos [2019] NSWCA 178NSWWollongong City CouncilNSWCA———19 July 2019DAMAGES – breach of contract – calculation of economic loss – respondent operated kiosk on premises licensed from appellant – appellant breached licence agreement – no evidence of damages – primary judge used ATO “benchmarks” for restaurant businesses to derive likely lost profits – whether primary judge could take judicial notice of benchmarks – whether benchmarks capable of sustaining damages calculated by primary judge – whether nominal damages should be awarded or the matter remitted TRIAL –
Council of the City of Sydney v Bishop [2019] NSWCA 157NSWCouncil of the City of SydneyNSWCAUpheldOtherCouncil28 June 2019TORTS – negligence – personal injury – respondent tripped on kerb in pedestrian precinct – duty of care to warn pedestrians of height differential – whether risk obvious – whether failure to use yellow highlighting constituted breach of a duty to warn – whether absence of warning causative of harm to person aware of hazard and not looking down
Hunter Industrial Rental Equipment Pty Ltd v Dungog Shire Council [2019] NSWCA 147NSWDungog Shire CouncilNSWCA———20 June 2019ENVIRONMENT AND PLANNING — consent —validity — conditions of consent to be approved by Crown instrumentality — compliance with Environmental Planning and Assessment Act 1979 (NSW), s 91A — whether consent unconditional ENVIRONMENT AND PLANNING — consent —construction — use of development application in construing development consent — use of environmental impact statement in construing development consent — significance of material being included on public register — when document or plan incorp
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