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News - 2006

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Date
Subject/Message & linkIssued By
6/12/06
  • Announcement re: In Stromness Pty Ltd v Woollahra Municipal Council [2006] NSWLEC 587 , Pain J discussed and confirmed the planning principles to be considered when undertaking a merits assessment of a proposed redevelopment of a site with existing use rights (as propounded by Roseth SC in Fodor Investments v Hornsby Shire Council [2005] NSWLEC 71). However, Her Honour stated, in para 89 of her decision, that care must be exercised in the application of the principles to ensure that there is not a de facto application of standards in environmental planning instruments as that is prohibited by s 108(3) of the Environmental Planning and Assessment Act. Revised links to these decisions now appear in the Planning Principle section of the website.
Registry
28/11/06
  • Latest planning principles issued by the Court: re The extent of demolition - alterations and additions or a new buildingin Edgar Allan Planning Pty Limited v Woollahra Municipal Council [2006] NSWLEC 790; re: Solar access for allotments in residential subdivisions in Wallis & Moore Pty Limited v Sutherland Shire Council [2006] NSWLEC 713
Registry
23/11/06
Justice Brian J. Preston, Chief Judge
28/11/06
Registry
14/11/06
Registry
31/10/06
  • Announcement re: Following a successful trial of the new starting time Directions Hearings before the Registrar will commence at 9:30am as of 1 November 2006.
Registry
16-20/10/06
Justice Brian J. Preston, Chief Judge
27/09/06
Justice Peter Biscoe
11/09/06
Registry
01/09/06
Registry
28/08/06
Justice Brian J. Preston, Chief Judge
25/08/06
Registry
21/08/06
Registry
21/07/06
Justice Brian J. Preston, Chief Judge
15/07/06
Justice Brian J. Preston, Chief Judge
03/07/06
Registry
19/06/06
Justice Brian J. Preston, Chief Judge
19/06/06
  • Latest Planning Principle issued by the Court re. Assessing the role of non-statutory regional planning policies vis-à-vis statutory local plans:Direct Factory Outlets Homebush v Strathfield Municipal Council [2006] NSWLEC 318 - select here for full list of current planning principles
Registry
15/06/06
Justice Brian J. Preston, Chief Judge
14/06/06
Justice Brian J. Preston, Chief Judge
13/06/06
Registry
05/06/06
Registry
05/06/06
Registry
31/05/06
Justice Brian J. Preston, Chief Judge
31/05/06
Justice Brian J. Preston, Chief Judge
31/05/2006
Justice Brian J. Preston, Chief Judge
08/05/06
Justice Brian J. Preston, Chief Judge
08/05/06
Justice Brian J. Preston, Chief Judge
30/03/06
Justice Brian J. Preston, Chief Judge
30/03/06
  • Ecologically Sustainable development (ESD) and application of the precautionary principle: In Telstra Corporation Limited v Hornsby Shire Council [2006] NSWLEC 133 at paragraphs 107 to 124, Preston CJ has set out an explanation of the principles of ESD. At paragraphs 125 to 183, Preston CJ explains the concept of the precautionary principle, its constituent elements and an analytical framework for its application, including in NSW environmental and planning laws.
Justice Brian J. Preston, Chief Judge
16/03/06
  • The recently published planning principle on daylight set out in Allan Robert Cooley and Janet Louise Patterson v City of Sydney Council [2006] NSWLEC 55 has been removed from the Court's website pending refinement in a future judgment that deals with a similar topic.
Registry
16/03/06
Justice Brian J. Preston,
Chief Judge
03/03/06
Registry
15/02/06
Justice Brian J. Preston,
Chief Judge
14/02/06
Registry
09/02/06
Justice Brian J. Preston,
Chief Judge
03/02/06
Justice Brian J. Preston,
Chief Judge
27/01/06
Justice Brian J. Preston,
Chief Judge
11/01/06
Registry



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