Is a private road a "building"?

Louisiana Properties Pty Ltd v Hakea Holdings Pty Ltd; Hakea Holdings Pty Ltd v Louisiana Properties Pty Ltd (No 2) [2017] NSWLEC 147.

In this case, the NSW Land and Environment Court considered whether a private road constitutes a "building" for the purposes of the EP&A Act the construction of which requires authorisation under a construction certificate.

Applying the 3 characteristics of "structures" identified by Preston CJ in Royal Motor Yacht Club (Broken Bay) Pty Ltd v Northern Beaches Council [2017] NSWLEC 56, the Court found that the road did constitute a "structure" (and therefore a "building").

Class 1 proceedings - Costs appeal - Where appeal upheld but consent not granted

David Casson t/as Casson Planning & Development Services v Upper Hunter Shire Council (No 2) [2017] NSWLEC 149.

In this case the NSW Land and Environment Court considered how the usual rule applicable in appeals brought under Section 56A of the Land and Environment Court Act 1979, that "costs follow the event", should be applied where the appeal is upheld but the applicant does not achieve any practical or functional success.

Recusal application - Apprehension of bias - Applicable principles

Alexandria Landfill Pty Ltd and Boiling Pty Ltd v Roads and Maritime Services [2017] NSWLEC 148

A reminder of the general approach that will be applied by a Court when determining an application for recusal with some specific observations as to how the relevant principles will be applied by the Land and Environment Court in Class 3 Compensation Appeals.