Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13: 1. This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) by the applicant against the respondent's refusal of the applicant's development application (DA-598/2020) (Development Application) seeking consent for change of use from a car wash cafe to a charcoal chicken takeaway restaurant including an amended carparking...
Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13: 1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) being an appeal against the refusal of Development Application No. 737/2022 for construction of a mixed use development over two levels of basement parking in relation to land known as 1-17 Grey St and 32- 48 Silverwater Road, Silverwater, legally known as Lots 1-2 ...
Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13: 1. In this matter, the Jessica Jane Gallagher (the Applicant) made an application for access to information (the GIPA request) to the Commissioner of Police, NSW Police Force (the Respondent) under the Government Information (Public Access) Act 2009 (NSW) (the GIPA Act). She sought access to information which included an internal Case Report. The reviewable decision 2. On 7 June...
Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13: 1. These reasons relate to an appeal by Dwyer Building Group Pty Ltd (the builder) against a decision made by the Tribunal on 30 August 2024 (the decision) in renewal proceeding (the renewal proceedings) relating to a work order made on 4 May 2023 in original proceedings. The work order was made in original proceedings, brought by Deanna Spicer (the homeowner) concerning the renov...
Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13: 1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) by the applicant against the respondent's refusal of the applicant's development application (LDA2024/0258) (Development Application) for alterations and additions to a dual occupancy development approved by way of Complying Development Certificat...
Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13: 1. On 26 October 2023, the applicant, Camwall Pty Ltd as Trustee for (atf) the Antap Trust, entered an agreement to purchase land used for primary production (the Property) from Patricia Anne Wallace (Mrs Wallace). The Property is land that is used as part of the Wallace family business of primary production. 2. The sole director of the applicant is John Cameron Wallace (John Wal...
Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13: 1. COMMISSIONER: Proceedings 2024/474684 are an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against Canterbury-Bankstown Council's (Council) refusal of Development Application No. DA 13162024 (DA) for the proposed constructions of a 1.2m high front fence, a balustrade adjoining the driveway, planter boxes at the entrance of the prope...
Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13: 1. COMMISSIONER: Ying Xiao (the applicant) and Biyun Yung (the respondent) are neighbours in Warrawee. A mature vine, a creeping fig, has grown on the dividing fence between their properties for many years. In April 2023, part of the fence collapsed into Ying Xiao's property. Both parties want to replace the fence, but could not agree on the method of its replacement, nor on the t...
Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13: 1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) being an appeal against the refusal of DA-24/1583 for demolition of existing structures and construction of a 90 place childcare centre (DA) at 2 Holmhale Street, Bowral, legally known as Lot 1 in DP 610257 (site). 2. The proceedings commenced as...
Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13: On 22 April 2022 the applicant, Mr Lucas Delaney, pleaded guilty to the murder of his sister, Gabriella Delaney, on 3 June 2020. He adhered to that plea in the Supreme Court on 3 June 2022. The applicant was sentenced by Garling J to imprisonment for 21 years commencing 9 June 2020 and expiring 8 June 2041 with a non-parole period of 15 years 9 months expiring 8 March 2036. The a...