We were successful on behalf of the applicant in its appeal against Council's deemed refusal of a development application for alterations and additions to the Empire Hotel in Potts Point. The appeal raised the issue of whether the Land and Environment Court has the jurisdiction to decide a...

In prosecution proceedings conducted by Pikes & Verekers, the Land and Environment Court fined a developer $150,000 and his company another $50,000. The Court also fined the company that managed the development $50,000. Justice Biscoe said Mr Gertos, the sole director of the company that...

We were successful in obtaining an approval in the Land and Environment Court for a modification of the Rose Bay Marina. The Marina (the two-armed marina in the left of the photo) was modified by permitting 3 of the 4 berths at the northern end of Arm B (the longer arm) to accommodate 37m long...

Our lawyers attended the 66th EDAP conference from 29 April – 1 May 2015 at Penrith. We delivered a conference paper on recent judicial authorities concerning environmental and development enforcement issues. The paper provides a useful summary of a number of cases in the Land &...

Gary Green, one of our partners, acted for Sutherland Shire Council in an appeal against Council’s refusal of a “New Age Boarding House” under the Affordable Rental Housing SEPP at Miranda. The proposal was for 22 dwellings varying in size from 15.4m2 to 21.79m2. The social...

Stephen Griffiths and Jennifer Hold acted for Kogarah City Council and secured a conviction with a fine of $60,000 (plus costs) against a developer who removed two trees without Council consent. An aggravating factor in the case that contributed to the objective seriousness of the offence was...

Peter Jackson, one of our partners, acted for Ashfield Council in an appeal against Council's refusal to modify an existing development consent to allow an increase in student numbers from 1500 to 1700 at Trinity Grammar School, Summer Hill. The Council was successful in arguing that the...

Roslyn McCulloch was recently involved in the obtaining of convictions against three defendants for demolishing part of the facade of a building in a heritage conservation area which had been required to be retained in the approved development. The case considered the issues of vicarious...

The Land and Environment Court has approved a modern addition across 2 storeys to a highrise building in the eclectic Potts Point Heritage Conservation Area. Joshua Palmer acted for the Applicant whose development was approved. The Court reconsidered the application of its view sharing planning...