Haidari v Ku-ring-gai Council [2026] NSWLEC 1259
Before: Porter C · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against conditions of consent imposed on the development consent issued for development application DA0076/25 for construction of a natural grass tennis court and associated works (DA) at 17 Braeside Street, Wahroonga (site). Whilst the appeal is stated as being against certain conditions of consent, it is the full extent of the proposed development that is under appeal. The Respondent, as t
Catchwords
DEVELOPMENT APPEAL – tennis court - conciliation conference - agreement between the parties - orders
Outcome
The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application no DA0076/25 for construction of a natural grass tennis court and associated works to the rear of the residential dwelling at 17 Braeside Street, Wahroonga, subject to the conditions in Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7 Land and Environment Court Act 1979 (NSW), ss 34, 34AA Environmental Planning and Assessment Regulation 2021 (NSW), s 38 Ku-ring-gai Local Environmental Plan 2015, cll 5.10, 6.2, 6.5 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.10, 6.21 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6
Read the full judgment
Authoritative text on NSW Caselaw · ~9k words
Related decisions
Zhang v Ku-ring-gai Council [2026] NSWLEC 1222
Ku-ring-gai Council · 24 April 2026
MACOL Investment Holdings Pty Ltd v Ku-ring-gai Council [2026] NSWLEC 1292
Ku-ring-gai Council · 21 May 2026
Lanevick Pty Ltd v Ku-ring-gai Council [2026] NSWLEC 1358
Ku-ring-gai Council · 18 June 2026
Zou v Ku-ring-gai Council [2026] NSWLEC 1274
Ku-ring-gai Council · 14 May 2026
AHG Homebush Pty Ltd v Ku-ring-gai Council [2026] NSWLEC 1248
Ku-ring-gai Council · 07 May 2026
Place Studio Au Pty Ltd v Ku-ring-gai Council [2026] NSWLEC 1336
Ku-ring-gai Council · 05 June 2026