Our Expertise

Environment and
Planning Litigation

The NSW Land and Environment Court is a specialist Court with jurisdiction to hear merits review, judicial review and civil enforcement and criminal prosecution proceedings in relation to planning and environmental laws.

We provide expert legal advice and representation in all types of matters within the jurisdiction of the NSW Land and Environment Court, including:

  • Class 1: Merits appeals relating to development applications, development control orders environmental licences (EPLs) and certain determinations of the Heritage Council.
  • Class 2: Local government and miscellaneous appeals and applications, including tree disputes and swimming pool compliance.
  • Class 3: claims for compensation for the compulsory acquisition of land, objections to land valuations including land tax objections, and the determination of Aboriginal land claims.
  • Class 4: Judicial review and civil enforcement proceedings.
  • Classes 5-7: Criminal proceedings involving planning and environmental law offences.
  • Class 8: Disputes under the Mining Act 1992 and the Petroleum (Onshore) Act 1991.

We have also acted in:

  • NSW Local Courts in environmental prosecution proceedings
  • NSW Supreme Court and Court of Appeal
  • Victorian Civil and Administrative Tribunal
  • Victorian Supreme Court
  • Land Court of Queensland
  • Federal Court of Australia
  • High Court of Australia.

Our recent experience in Environment and Planning Litigation

Hy-Tec Industries v Parramatta City Council [2022] NSWLEC 1041 – Successful application for proponent in Class 1 appeal seeking consent for the installation and operation of a temporary concrete works for production of pre-mixed concrete.

Ralph Lauren Pty Ltd v New South Wales Transitional Coastal Panel; Stewartville Pty Ltd v New South Wales Transitional Coastal Panel; Robert Watson v New South Wales Transitional Coastal Panel [2018] NSWLEC 207 – Successful defence in an appeal against the NSW Transitional Coastal Panel’s decision to refuse applications to repair sea walls on coastal land at Byron Bay.

Glenmarie Capital Pty Limited v Valuer General of New South Wales [2020] NSWLEC 1291 – successful application to have identified heritage values taken into account in determining land value under the Valuation of Land Act 1916 (NSW).

Refalo v Camden Council [2021] NSWLEC 1485 – Successful application for proponent in Class 1 appeal seeking consent for intensive plant agriculture.

Terrain Solar Pty Ltd v Wagga Wagga City Council [2019] NSWLEC 1003 – Successful application for proponent in Class 1 appeal seeking consent for a 30 MW solar farm.

Terrain Solar Pty Ltd v Wagga Wagga City Council [2019] NSWLEC 1003 – Successful application for proponent in Class 1 appeal seeking consent for a 30 MW solar farm.

Related News + Insights

13 August, 2021 Significant changes were made to the environmental regulatory regime in Victoria on 1 July 2021. To explain how environmental licences will differ under the new regime, the

Medium Neutral Citation: Refalo v Camden Council [2021] NSWLEC 1485 Hearing dates: 12 May 2021; 30 July 2021 Date of orders: 24 August 2021 Decision date: 24 August 2021 Jurisdiction:

The NSW Land and Environment Court’s (LEC) recent decision in Crush and Haul Pty Ltd v Environment Protection Authority [2023] NSWLEC 60 makes clear that the issue of general terms