court disputes

The team at Willana have been involved in a number of matters requiring the production of documentation and giving oral evidence in the Land and Environment Court. These representations cover many aspects of the court's procedures, including preparation of statements of evidence on behalf of applicants and supporting the decisions of various councils.

Changes to procedures in the Land and Environment Court have resulted in a new role for planners as “Court Appointed Experts” (CAE). The expert is generally only appointed after the parties to the hearing have agreed on the capabilities of the experts involved. The Court has appointed Stuart Harding of Willana as the CAE on a number of matters to provide expert opinion on planning issues.

A sample of the Court matters dealt with by Willana and Stuart Harding are provided below, in the following categories:

Court Appointed Matters Applicant Matters Council Matters


Court Appointed Matters


Foran Design Pty Limited v Marrickville Council [2004] NSWLEC 548

Key Issues: Development Application: - Demolition of existing dwellings and erection of a two storey multi-unit housing development with basement car parking; SEPP 1 objection to Floor Space Ratio; site coverage; landscaped area; overlooking; character/streetscape.

Donnelly v Leichhardt Municipal Council [2005] NSWLEC 381.

Key Issues: Development Application: - Demolition of an existing semi-detached dwelling; replacement of three level semi-detached dwelling; exceedance of floor space ratio; heritage impacts on the site; excavation impacts; view intrusions; public interest


Grodzicky v Ryde City Council [2005] NSWLEC 293.

Key Issues: Development Application: - Visual impacts from waterway; neighbour amenity; boatshed; outbuilding


Leslie Parker and Safwen Hijazi v Leichhardt Council [2005] NSWLEC 3

Key Issues: Development Application: - SEPP 1 objection in respect of Floor Space Ratio and landscaping; breach of building location zone; overdevelopment; adverse streetscape impacts; blocking views to the harbour; loss of privacy to Nos 2, 2a and 4 Alexander Street.


Calardu North Ryde Pty Limited v Ryde City Council [2005] NSWLEC 237.

Key Issues: Development Application: - Erection of two advertising signs on a pedestrian overbridge; parking in nearby residential streets; illumination nuisance; traffic safety

Applicant Matters

Blue Water Pacific Pty Ltd v Randwick City Council [2005] NSWLEC 287.

Key Issues: Development Application: - Multi unit housing; SEPP 1 objection to height and Floor Space Ratio; compatibility with existing and future character impact on residential amenity; traffic and parking impacts

Dayho v Rockdale City Council [2004] NSWLEC 184 revised - 4/03/2005.

Key Issues: Development Application: - Concrete Batching Plant, Planning principle: monitoring compliance with conditions


Defence Housing Authority v Canada Bay City Council [2004] NSWLEC 280.

Key Issues: Development Application: - Consent orders; demolition of dwellings; residential flat buildings; density; setbacks open space; trees and overshadowing.


Hassell Pty Ltd v Warringah Shire Council [2000] NSWLEC 49.

Key Issues: Development: - Re-subdivision of existing lots; weight to be given to Draft Local Environmental Plan; adequacy of stormwater disposal; impact on threatened species

Austcorp No 459 Pty Limited v Baulkham Hills Shire Council [2004] NSWLEC 302.

Key Issues: Development Application: - Privacy; over-development of site; user safety; accessibility and termite protection.


Cullis-Hill v Woollahra Municipal Council [2004] NSWLEC 350.

Key Issues: Development Application: - Alterations and additions to an existing terrace; heritage item; resident objection; privacy; visual impact; costs

Council Matters

Mullins & Mullins v Mosman Municipal Council [2004] NSWLEC 414.

Key Issues: Development Application: - Alterations and additions to a house; harbour views; floor space ratio; height; next to a heritage item and a conservation area.


Robbie and Rowan Fotheringham (Cracknell & Lonergan Architects) v Leichhardt Municipal Council [2004] NSWLEC 602.

Key Issues: Development Application: - Visual and aural privacy impacts upon neighbours.


Ius Pty Limited v Leichhardt Municipal Council [2003] NSWLEC 370.

Key Issues: Development Application: - SEPP 1 objection re Floor Space Ratio; bulk and scale of development; obstruction of views


George Conomos v Mosman Municipal Council [2003] NSWLEC 401.

Key Issues: Development Application - Development standards; demolition of an existing dwelling; erection of a new 3 storey dwelling house; exceedence in wall height and storeys; SEPP 1 objection.


K and C Building Services v Ryde Council [2002] NSWLEC

Key Issues: Residential Flat Building – SEPP 1 Objection to minimum site area and setback requirements; overdevelopment, landscaping.


Cyril Brookes v Mosman Council [2002]NSWLEC

Key Issues: Development application for the erection of a dwelling house above a cliff at Wyargine Point; appearance from the foreshore and the harbour; impacts on views from an adjoining dwelling.