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

This article unpacks the Court of Appeal’s decision in Environmental Protection Authority v McMurray [2024] in how s220 of the Local Government Act’s characterisation of a Council’s legal status interacts with s169(1) of the Protection of the Environment Operations Act 1997 Act’s application to corporations.
The decision in Chief Executive of the Office of Environment and Heritage v Turnbull [2023] resulted in one of the highest fines imposed on an individual for an environmental crime. This article outlines the history of the defendant’s engagement with unlawful clearing, including criminal activities of his late father.
The NSW Land and Environment Court determined that the issuance of general terms of approval from the NSW EPA does not guarantee an environmental protection licence (EPL) being granted, especially if the applicant fails the ‘fit and proper person’ test under the Protection of the Environment Operations Act 1997.
This update covers the changes made to the Protection of the Environment Operations Act 1997 (NSW) and Contaminated Land Management Act 1997 (NSW) increasing the powers of the NSW Environmental Protection Authority. Changes to the Protection of the Environment Operations Regulation 2021, the SEPPs, and the NSW re-zoning process are also clarified.
The Department of Planning, Industry and Environment has released a proposed Environmental Planning and Assessment Regulation 2021, including energy recovery facilities being categorised as ‘designated development’, with some exceptions.
In this Quarterly Environment and Planning Update, key things that will be discussed are the overhaul of Victoria’s environmental regulatory regime, a QLD Supreme Court ruling that limited the scope of a director’s liability for environmental offences and changes to NSW’s planning requirements for ‘energy recovery facilities’.