Land & Environment Court Lawyer

Newhouse & Arnold Solicitors have an experienced team of environmental & planning lawyers who have acted for both Councils and applicants and know their way around the NSW Land and Environment Court.
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Land & Environment
Court

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Resumption/Land
Acquisition

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Approval/refusal

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Boundary Disputes

The Land and Environment Court NSW
David Newhouse was a barrister for 6 years, practicing primarily in the Land and Environment Court’s jurisdiction. David has acted for Councils, developers, National Parks, the Valuer-General, Roads and Maritime Services (formerly RTA) and residential applicants trying to get their developments approved by Council.

Experience in the Land and Environment Court

Newhouse & Arnold Solicitors have an experienced team of environmental and planning lawyers who are on top of recent Court decisions and can help you to put in place the best strategy to:
  • Get your development approval (DA);
  • Amend your s.4.55 application;
  • Defend you against a Council order;
  • Resolve your tree dispute;
  • Represent claims for land resumption;
  • Challenge a Council decision (as an objector).

We can offer you a cost effective solutions and put you in touch with experienced experts such as town planners, heritage consultants, arborists, surveyors, and valuers.

Contact David Newhouse on 02 9922 1100 for your free consultation.

The New South Wales Land and Environment Court is located at:

Level 4, 225 Macquarie Street Sydney NSW 2000

Phone: (02) 9113 8200

Email: lecourt@justice.nsw.gov.au

Website: www.lec.nsw.gov.au

Class 1 Environmental planning and protection appeals

Includes appeals on the merits only against refusals, or deemed refusals, of development consents or conditions of development consents, third party appeals against designated development, and appeals against Local Council orders.

Class 2 Tree Disputes and miscellaneous appeals

Includes tree and hedge disputes, Strata Scheme Development proceedings and other miscellaneous environment and planning legislation.

Class 3 Valuation, compensation and Aboriginal land claim cases

Includes appeals involving compensation for compulsory acquisition, valuation of land appeals, Strata Scheme Development proceedings and other miscellaneous environment and planning legislation.

Class 4 Civil enforcement and judicial review of decisions under planning or environmental law

Includes proceedings for breaches of planning law (e.g. carrying out a development without consent), or breaches of conditions of development consent, and proceedings which question the legal validity of consents or refusals of consent by consent authorities.

Class 5 Criminal proceedings for offences against planning or environmental laws

Includes prosecutions for environmental offences for pollution offences and prosecutions by Local Councils for carrying out development without development consent.

Classes 6 and 7 Criminal appeals against convictions and sentences for environmental offences by the Local Court

Includes appeals by defendants from convictions relating to environmental offences imposed by magistrates in the Local Court and appeals from magistrates in respect of environmental prosecutions which previously would have been heard by the NSW Supreme Court.

Class 8 Mining matters

Includes civil mining matters arising under the Mining Act 1992 or the Petroleum (Onshore) Act 1991

The Hon. Justice Brian Preston SC, Chief Judge
Associate: Ms Caroline

Macedo Researcher: Ms Lily Morton

ph: (02) 9113 8261

 

The Hon. Justice Nicola Hope Margaret Pain
Associate: Ms Juliette Reskov

ph: (02) 9113 8251

fax: (02) 9113 8277

 

The Hon. Justice Rachel Ann Pepper

Associate: Ms Jemma Moser – external (Mon-Tues); (Wed-Fri)

ph: (02) 9113 8231

 

The Hon. Justice John Ernest Robson SC

Associate: Ms Pippin Pritchard

ph: (02) 9113 8271

 

The Hon. Justice Sandra Duggan SC

Associate: Ms Kim Khong

ph: (02) 9113 8281

 

The Hon. Justice Sarah Pritchard SC

Associate: Ms Samantha Gee (Mon-Tues); Ms Errin Lindsay (Wed-Fri)

ph: (02) 9113 8259

 

There are also Commissioners and Acting Commissioners who regularly sit on the NSW Land and Environment Court.

Key legislative instruments which grant the Court jurisdiction to hear and determine matters are:
  • Environmental Planning & Assessment Act 1979 (NSW)
  • Local Government Act 1993 (NSW)
  • Protection of the Environment Operations Act 1997 (NSW)
  • Heritage Act 1977 (NSW)
  • Threatened Species Conservation Act 1995 (NSW)
  • Native Vegetation Act 2003 (NSW)
  • Contaminated Land Management Act 1997 (NSW)
  • Roads Act 1993 (NSW)
  • Land Acquisition (Just Terms Compensation) Act 1991 (NSW)
  • Trees (Disputes Between Neighbours) Act 2006 (NSW)
  • Noxious Weeds Act 1993 (NSW)
  • Water Management Act 2000 (NSW)
  • • Water NSW Act (2014)
  • • Environmentally Hazardous Chemicals Act 1985 (NSW)
  • • Fisheries Management Act 1994 (NSW)
  • • Pesticides Act 1999 (NSW)
  • • Forestry and National Park Estate Act 1998 (NSW)
  • • Forestry Act 2012 (NSW)
  • • Pipelines Act 1967 (NSW)
  • • National Parks and Wildlife Act 1974 (NSW)
  • • Aboriginal Land Rights Act 1983 (NSW)
  • • Biological Control Act 1985 (NSW)
  • • Plantations and Reafforestation Act 1999 (NSW)
  • • Dangerous Goods (Roads and Rail Transport) Act 2008 (NSW)
  • • Strata Schemes Development Act 2015 (NSW)
  • • Lake Illawarra Authority Act 1987 (NSW)
  • • Swimming Pools Act 1992 (NSW)
  • • Community Land Management Act 1989 (NSW)
  • • Pluming and Drainage Act 2011 (NSW)
  • • Encroachment of Buildings Act 1922 (NSW)
  • • Valuation of Land Act 1916 (NSW)
  • • Real Property Act 1900 (NSW)
  • • Fire and Emergency Services Levy Act (NSW) 2017
  • • Access to Neighbouring Land Act 2000 (NSW)
  • • Mine Subsidence Compensation Act (NSW) 1961
  • • Wilderness Act (NSW) 1987