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Class 1 — Merit appeal Wollondilly Shire Council 25 September 2026

Barnes v Wollondilly Shire Council [2026] NSWLEC 1630

Before: Washington C · NSW Land and Environment Court

Trees / LandscapingConciliation / Agreement

Summary

DEVELOPMENT CONTROL ORDER – earthworks – restore works order – conciliation conference – amended order – agreement between the parties – orders

Catchwords

DEVELOPMENT CONTROL ORDER – earthworks – restore works order – conciliation conference – amended order – agreement between the parties – orders

Outcome

The Court orders: (1) The appeal is upheld. (2) Pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 (NSW), the development control order (Restore Works Order No. 10) issued by Wollondilly Shire Council on 30 March 2026 to the Applicant pursuant to ss 9.34 and 9.35 of the Environmental Planning and Assessment Act 1979 (NSW) in respect of the Premises at 2 Jarvisfield Road, Picton (Lot 4 DP 873571) is modified in accordance with the order annexed and marked “Annexure A”.

Legislation cited

Environmental Planning and Assessment Act 1979 (NSW), ss 8.18, 9.34, Sch 5, Pt 1 Land and Environment Court Act 1979 (NSW), s 34

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Authoritative text on NSW Caselaw · ~5k words

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