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LEC Class 1 appeal decisions. 17 judgments categorised by planning topic, updated automatically.

Penrith City Council Density / Bulk & ScaleSetbacksCharacter / StreetscapeTraffic / ParkingTrees / LandscapingStormwater / Drainage 24 April 2026
Kape Development Pty Ltd v Penrith City Council [2026] NSWLEC 1210

Before: Dixon SC

APPEAL – development application – multi dwelling development – removal of trees – design and planning measures incorporated to reduce urban heat island effects – satisfaction of cl 7.30(3) of Penrith Local Environmental Plan 2010

APPEAL – development application – multi dwelling development – removal of trees – design and planning measures incorporated to reduce urban heat island effects – satisfaction of cl 7.30(3) of Penrith...

Ballina Shire Council Floor Space / FSRDensity / Bulk & ScaleCharacter / StreetscapeTraffic / ParkingConciliation / AgreementDemolitionStormwater / Drainage 24 April 2026
Chase Bangalow Developments Pty Ltd v Ballina Shire Council [2026] NSWLEC 1223

Before: O’Neill C

This is an appeal pursuant to the provisions of s 8.9 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Modification Application No 2006/12.5 (the application) to modify Development Consent No 2006/12 to extend the carpark, revegetate areas on the site, and...

DEVELOPMENT APPLICATION — conciliation conference — agreement between the parties — orders

Waverley Council Traffic / ParkingNoise / AmenityConciliation / Agreement 24 April 2026
Whitehouse Properties Pty Ltd v Waverley Council [2026] NSWLEC 1212

Before: Miller AC

This is an appeal pursuant to the provisions of s 8.9 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) in respect of an application pursuant to s 4.56 to modify Development Consent No DA-626/2002 applying to the Beach Road Hotel, 99-111 Glenayr Avenue (also known as 71 Beach Roa...

APPEAL — modification application — licensed premises — conciliation conference — agreement reached — orders made

Canterbury-Bankstown Council HeightFloor Space / FSRDensity / Bulk & ScaleSetbacksCharacter / StreetscapeTraffic / ParkingNoise / AmenityConciliation / AgreementDemolitionBiodiversity 24 April 2026
Salem v Canterbury-Bankstown Council [2026] NSWLEC 1221

Before: Espinosa C

DEVELOPMENT APPEAL – residential development - conciliation conference – agreement between the parties - orders

DEVELOPMENT APPEAL – residential development - conciliation conference – agreement between the parties - orders

Ku-ring-gai Council HeightFloor Space / FSRDensity / Bulk & ScaleTraffic / ParkingTrees / LandscapingConciliation / AgreementBiodiversity 24 April 2026
Zhang v Ku-ring-gai Council [2026] NSWLEC 1222

Before: Washington C

DEVELOPMENT APPLICATION – construction of a dual occupancy dwelling – conciliation conference – agreement between the parties – orders

DEVELOPMENT APPLICATION – construction of a dual occupancy dwelling – conciliation conference – agreement between the parties – orders

Bayside Council Density / Bulk & ScaleNoise / AmenityConciliation / Agreement 24 April 2026
GDGA Investments Pty Ltd v Bayside Council [2026] NSWLEC 1220

Before: Young AC

This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Development Application No. DA-2025/66 (DA). The DA sought development consent for alterations and additions to existing building and use for the purposes of storage of...

DEVELOPMENT APPLICATION — s34 conciliation conference — alterations and additions to storage premises — agreement reached — orders made

Mosman Municipal Council HeightFloor Space / FSRViews / View SharingDensity / Bulk & ScaleHeritageCharacter / StreetscapePrivacyOvershadowing / SolarTraffic / ParkingNoise / AmenityDemolition 23 March 2026
Prosker Pty Ltd v Mosman Municipal Council [2026] NSWLEC 43

Before: Robson J

CIVIL PROCEDURE — Parties — Joinder — Neighbouring property owner to development application — Joinder not necessary for all matters in dispute to be effectively and completely determined

CIVIL PROCEDURE — Parties — Joinder — Neighbouring property owner to development application — Joinder not necessary for all matters in dispute to be effectively and completely determined

Wollongong City Council HeightFloor Space / FSRDensity / Bulk & ScaleHeritageTrees / LandscapingNoise / AmenityConciliation / AgreementDemolitionStormwater / Drainage 23 April 2026
Vaughan Floyd Property Pty Ltd v Wollongong City Council [2026] NSWLEC 1217

Before: Espinosa C

DEVELOPMENT APPEAL — child care facility — heritage — town planning — acoustic — trees — orders

DEVELOPMENT APPEAL — child care facility — heritage — town planning — acoustic — trees — orders

Blacktown City Council HeightPrivacyTraffic / ParkingClause 4.6 VariationConciliation / AgreementStormwater / Drainage 23 April 2026
Evagelakos v Blacktown City Council [2026] NSWLEC 1218

Before: Kullen AC

This is an appeal pursuant to ss 8.7 and 8.11 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal by Blacktown City Council of development application DA-24-00107 (the DA) for the construction of a four storey shop top housing with 32 residential units an...

DEVELOPMENT APPEAL — conciliation conference — agreement between the parties — cl 4.6 variation of height of buildings development standard — shop top housing — orders

Willoughby City Council Traffic / ParkingConciliation / Agreement 23 April 2026
MH Architects Pty Ltd v Willoughby City Council [2026] NSWLEC 1216

Before: Espinosa C

DEVELOPMENT APPEAL ­— modification application — alterations and additions to existing dwelling — conciliation conference — agreement between the parties — orders

DEVELOPMENT APPEAL ­— modification application — alterations and additions to existing dwelling — conciliation conference — agreement between the parties — orders

Inner West Council HeightFloor Space / FSRHeritageConciliation / AgreementDemolition 22 April 2026
Wu v Inner West Council [2026] NSWLEC 1214

Before: Espinosa C

DEVELOPMENT APPEAL ­— residential development — alterations and additions — conciliation conference — agreement between the parties — orders

DEVELOPMENT APPEAL ­— residential development — alterations and additions — conciliation conference — agreement between the parties — orders

Northern Beaches Council Conciliation / AgreementDemolition 21 April 2026
LAXDTX2 Pty Ltd as trustee for the LAXDTX2 unit Trust v Northern Beaches Council [2026] NSWLEC 1211

Before: O’Neill C

This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of Development Application No. 2025/0447 for the demolition of existing structures and the construction of a residential flat building comprising ...

DEVELOPMENT APPLICATION – conciliation conference – resident objectors – agreement between the parties – orders

Sutherland Shire Council Traffic / ParkingTrees / LandscapingNoise / AmenityClause 4.6 VariationDemolitionStormwater / Drainage 17 April 2026
Nader v Sutherland Shire Council [2026] NSWLEC 1208

Before: Espinosa C

DEVELOPMENT APPEAL — child care centre — expert evidence supporting the grant of consent — orders

DEVELOPMENT APPEAL — child care centre — expert evidence supporting the grant of consent — orders

Hawkesbury City Council Trees / LandscapingConciliation / AgreementDemolitionSubdivisionBiodiversity 16 April 2026
Micallef v Hawkesbury City Council [2026] NSWLEC 1206

Before: Washington C

DEVELOPMENT APPLICATION – alterations and additions to a warehouse building – construction of warehouse buildings – conciliation conference – agreement between the parties – orders

DEVELOPMENT APPLICATION – alterations and additions to a warehouse building – construction of warehouse buildings – conciliation conference – agreement between the parties – orders

Valuer General of New South Wales General 14 April 2026
Riveredge Investments Pty Limited v Valuer General of New South Wales [2026] NSWLEC 45

Before: Preston CJ

APPEALS – review of Registrar’s case management orders – valuation of land – appeal against Valuer General’s determination of objection to valuation – deficiencies in pleading of parties’ cases – appellant’s case unclearly identified grounds of objection – Valuer General’s case inappropriately asser

APPEALS – review of Registrar’s case management orders – valuation of land – appeal against Valuer General’s determination of objection to valuation – deficiencies in pleading of parties’ cases – appe...

Sutherland Shire Council Floor Space / FSROvershadowing / SolarConciliation / AgreementDemolition 07 April 2026
3GEN Ltd v Sutherland Shire Council [2026] NSWLEC 1209

Before: Creagh AC

This appeal concerns a development application for demolition of existing structures and construction of a mixed-use development including residential, centre-based childcare, medical centre, commercial and retail at 544-550 Box Road, Jannali NSW 2226 (Lot 2 DP 202711 and Lot 2 DP 209152). Pursuant ...

APPEAL – development application – mixed-use development – conciliation conference – agreement between the parties – orders

North Sydney Council Density / Bulk & ScaleSetbacksHeritageCharacter / StreetscapeDemolition 05 May 2026
Whitman v North Sydney Council [2026] NSWLEC 1219

Before: Macken AC

This is an appeal brought under s 30(1) of the Heritage Act 1977 (NSW) (NSW Heritage Act) against the making of an Interim Heritage Order (IHO) by North Sydney Council (the Respondent) for six properties at 27-37 Bydown Street, Neutral Bay (the site). The IHO was made by the Respondent, pursuant to ...

INTERIM HERITAGE ORDER — dwelling house — likely heritage item — local heritage significance — orders

About this data

Decisions are sourced from NSW Caselaw and categorised automatically by planning topic. Categories are assigned based on catchwords and judgment text. Always read the full judgment for authoritative interpretation.