Gwinn v Council of the City of Sydney [2026] NSWLEC 1320
Before: Dickson C · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal of development application D/2025/869. As amended, the development application seeks consent for the alterations and additions to an existing dwelling house. The development is proposed at 1 Kimber Lane, Forrest Lodge (Lot 37 DP 785953) (the site).
Catchwords
DEVELOPMENT APPLICATION – alterations and additions to an existing dwelling – conciliation conference – agreement between the parties – orders made
Outcome
The Court orders: (1) The appeal is upheld. (2) Development Application D/2025/869, seeking consent for alterations and additions to an existing dwelling house on land described as Lot 37 in DP 785953, known as 1 Kimber Lane, Forest Lodge, is determined by the grant of consent subject to the conditions set out in Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Fisheries Management Act 1994 (NSW) Land and Environment Court Act 1979 (NSW), s 34AA Water Management Act 2000 (NSW) Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 35 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 Sydney Local Environmental Plan 2012, cll 2.7, 5.21, 6.21C
Read the full judgment
Authoritative text on NSW Caselaw · ~14k words
Related decisions
Aslan v Council of the City of Sydney [2026] NSWLEC 1422
Council of the City of Sydney · 09 July 2026
Pivotal Planning Pty Ltd v Wingecarribee Shire Council [2026] NSWLEC 1614
Wingecarribee Shire Council · 31 August 2026
Prosker Pty Ltd v Mosman Municipal Council [2026] NSWLEC 1648
Mosman Municipal Council · 30 September 2026
Bavaro v City of Canada Bay Council [2026] NSWLEC 1725
City of Canada Bay Council · 30 October 2026
Allera Planning Pty Ltd v Blacktown City Council [2026] NSWLEC 1723
Blacktown City Council · 30 October 2026
Aurora Rose Bay 2 Pty Ltd ATF Aurora Rose Bay 2 Unit Trust v Woollahra Municipal Council [2026] NSWLEC 1724
Woollahra Municipal Council · 30 October 2026