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Class 1 — Merit appeal The Hills Shire Council 18 June 2026

JQ Wilton Pty Ltd v The Hills Shire Council [2026] NSWLEC 1365

Before: Porter C · NSW Land and Environment Court

Trees / LandscapingFloodingConciliation / AgreementDemolitionBiodiversityStormwater / Drainage

Summary

DEVELOPMENT APPEAL – multi-dwelling - conciliation conference – agreement between the parties – orders

Catchwords

DEVELOPMENT APPEAL – multi-dwelling - conciliation conference – agreement between the parties – orders

Outcome

The Court orders: (1) The appeal is upheld. (2) Development Application No. DA1697/2022/HA for demolition of existing structures and construction of a multi dwelling housing development containing seven units at 5-7 Wilton Close, Castle Hill, is determined by the grant of consent subject to the conditions set out in Annexure A.

Legislation cited

Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7 Land and Environment Court Act 1979 (NSW), s 34   Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, ss 6.6, 6.7, 6.8, 6.11, 6.12, 6.13 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 The Hills Local Environmental Plan 2019 cll 2.3, 2.7, 4.3, 5.21, 7.2

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Authoritative text on NSW Caselaw · ~9k words

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