Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. COMMISSIONER: Advance Street in the western Sydney suburb of Schofields is undergoing transition in its urban form and density. Once an area of detached single dwellings in a quasi-bushland setting, the street is now a hive of construction activity as recent approval for medium density development is realised. 2. Furthering such a transition, development application DA 24-00024...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. COMMISSIONER: These proceedings, brought under Class 1 of the Court's jurisdiction, relate to an appeal pursuant to subs 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the Respondent's deemed refusal of development application DA/2024/0422 (DA). The DA seeks consent for identified alterations and additions to an existing semi-detached dwelling, in...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. COMMISSIONER: The First and Second Applicants (the Applicants) appeal the Valuer General's Determination dated 13 August 2024 pursuant to s 37(1) of the Valuation of Land Act 1916 (Valuation Act) in respect of the valuation of the land value of the property legally described as Lot 102 in Deposited Plan 1076397, 40 Mount Street, North Sydney NSW 2060 (Land). 1) The proceedings ...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. COMMISSIONER: This appeal concerns a development application for the demolition of existing structures and the construction of a new five-storey commercial building with basement storage, four ground floor retail tenancies, three commercial tenancies, and two residential apartments at 3 Knox Street, Double Bay. A development application for an earlier iteration of the proposed d...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. COMMISSIONER: These Class 1 proceedings arise from an appeal of a condition of consent imposed by Sutherland Shire Local Planning Panel on development consent DA23/0297. This application seeks consent for the demolition of an existing dwelling and swimming pool and the construction of a new dwelling house including a covered rooftop terrace, a swimming pool and spa, and alterati...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) by the Applicant against the deemed refusal of development application DA 364/2023. The development application seeks consent for alterations and additions to, and change of use of the ground floor of, an existing residential flat building for an 89-place childcare c...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. This is an internal appeal under s 80(2) of the Civil and Administrative Tribunal Act 2013 against a decision made in the Consumer and Commercial Division of the Tribunal on 8 January 2025. 2. The application to the Tribunal was brought by respondent whom we will refer to as the landlord against the appellant whom we will refer to as the tenant. 3. For the reasons set out belo...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. On 22 November 2024, the Health Care Complaints Commission (the HCCC) filed an Application in this Tribunal asserting that the Respondent Dr Thornton, a Chinese medicine practitioner, was guilty of unsatisfactory professional conduct and professional misconduct (the substantive proceedings). At the time of filing, Dr Thornton was registered. The HCCC asked the Tribunal to cancel...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. At all material times leading up to the commencement of these proceedings, the first cross-defendant Freescale Pty Limited (Freescale) and the second cross-defendant Runkorp Pty Limited (Runkorp) operated in partnership a business trading under the name Greenlife Resource Recovery Facility (Greenlife). 2. Mr Domenic Vitocco is the sole director of Freescale. 3. Mr Adrian Runko...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. COMMISSIONER: Melissa Chew (the applicant), and Caroline Mary Frykberg (the respondent), share a boundary between their properties in Vaucluse. Ms Chew's land is a triangular corner block, with a dwelling facing east. The dwelling's straight rear wall was parallel and close to the parties' common boundary, which was oriented approximately north-south. 2. Mrs Frykberg's property...