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Class 1 — Merit appeal Willoughby City Council 30 June 2026

Harding v Willoughby City Council [2026] NSWLEC 1395

Before: Espinosa C · NSW Land and Environment Court

HeightFloor Space / FSRViews / View SharingClause 4.6 VariationConciliation / Agreement

Summary

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

Catchwords

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

Outcome

The Court orders: (1) The appeal is upheld. (2) Development Application DA 2026/40 for alterations and additions to the existing dwelling house including the addition of a new first floor, the replacement of garage accommodation and a swimming pool and landscaping works at 4 Cheyne Walk, Castlecrag is determined by the grant of development consent subject to the conditions at Annexure A.

Legislation cited

Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 8.7 Land and Environment Court Act 1979 (NSW), s 34   Environmental Planning and Assessment Regulation 2021 (NSW), s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, pt 6.5, ss 6.6, 6.7 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.10, 2.11, 2.12, 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 Willoughby Local Environmental Plan 2012, cll 4.3, 4.4A, 4.6

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Authoritative text on NSW Caselaw · ~16k words

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