Recent Cases

Etherington v North Sydney Council [2026] NSWCA 137 (20 July 2026) (Leeming and Free JJA, Preston CJ of LEC)


Catchwords:


ENVIRONMENT AND PLANNING – modification of development consent – only some modifications acceptable or agreed – decision to refuse modification application instead of approve in part – whether duty to determine matter completely and finally – terms of remitter order – whether outside power