Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. COMMISSIONER: On 31 August 2022, Connect Global Limited (the applicant in these proceedings) filed a Class 1 application in the Land and Environment Court appealing a development control order (DCO) issued by Port Stephens Council (Council). The DCO has the Council reference No 40-2022-70-2 and related to certain premises occupied by the applicant at Fisherman's Village Swan Bay...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. COMMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application DA24/0158, for alterations and additions to an existing building and change of use to a secondary dwelling at Lot 5 in DP 16383 known as 11 Central Avenue, Como (the Site) by Sutherland Shire Counci...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. COMMISSIONER: These proceedings are brought under Class 1 of the Court's jurisdiction, and are an appeal under s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by Central Coast Council (Council) of Development Application DA/1409/2023 (DA), seeking development consent for the Subdivision of Lot 17 in Deposited Plan 262327 at 2A Stornaway ...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. BELL CJ: I agree with the reasons of Mitchelmore JA and the order her Honour proposes. 2. MITCHELMORE JA: This appeal concerns an order for family provision that the primary judge, Richmond J, made pursuant to the Succession Act 2006 (NSW) in favour of the respondent, Natalie Angius, from the estate of her grandfather, Giovanni (John) Angius. The appellant, Jenny Angius, is Joh...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. COMMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 18/2024 for the demolition of a two-storey dwelling house with a detached garage and the construction of a new two-storey dwelling house with a basement garage, in-ground swimming pool, rooftop ...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. COMMISSIONER: This is an appeal pursuant to s 8.25(1)(a) of the Environmental Planning and Assessment Act 1979 (EPA Act) by the Applicant against Ku-ring-gai Council's (Council) refusal to issue Building Information Certificate No. eEBCU0088/24 on 20 September 2024 (BIC). 2. The BIC relates to Lot 1 in Deposited Plan 24472 known as 5 Kilpa Street, St Ives NSW 2075 (Premises), a...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of DA-2555/2022/DA-DO (DA). The DA seeks consent for tree removal and construction of a single storey dual occupancy (attached) with associated outbuildings, in ground swimming pool and landscaping at 7 Minerva Road, Wedderburn NSW, legally known ...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. COMMISSIONER: These proceedings, brought by the applicant under Class 1 of the Court's jurisdiction, are an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of development application DA-2022/218 (DA) by Bayside Council (Council). The DA seeks consent for a childcare facility and associated development at Lot A and Lot ...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. COMMISSIONER: This is an appeal pursuant to s 8.18(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against Development Control Order ref EPA0087/24 (DCO) dated 23 September 2024 issued by Ku-ring-gai Council (Council) requiring the Applicant to demolish an unauthorised hardstand concrete area (relevant structure) situated on land identified as Lot 1 in Deposit...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of DA-2024/205 (DA). The DA seeks consent for the demolition of the existing dwelling and construction of two dwelling houses, Torrens title subdivision and associated works at 45 Darling Street, Roseville legally described as Lot 2 in DP 596131 (...