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Class 1 — Merit appeal Willoughby City Council 19 May 2026

Michael E and C Megan Jones Pty Ltd v Willoughby City Council [2026] NSWLEC 1277

Before: Harding AC · NSW Land and Environment Court

Traffic / ParkingConciliation / AgreementDemolitionBiodiversityStormwater / Drainage

Summary

This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) by Michael E and C Megan Jones Pty Ltd (Applicants) against the refusal of DA-2023/146 (Development Application), lodged with the Willoughby City Council (the Respondent), on 16 June 2023. The respondent refused the development application on 23 June 2025. The Development Application seeks development consent for demolition of existing two-storey residence, excavation and construction of

Catchwords

DEVELOPMENT APPLICATION — new dwelling —amended plans — conciliation conference — agreement between the parties — orders.

Outcome

The Court Orders that: (1) The appeal is upheld. (2) Development Application DA-2023/146, for demolition of an existing two-storey residence, excavation and construction of new two storey dwelling with landscaped terraces, basement access via port cochere, double garage and turntable, with stair and lift access to levels above swimming pool, cabana and outdoor private open space, reconstruction of existing viewing platform at rear of site with renovated access stair, new front fence, and driveway with automated gate and landscaping at Lot 99 DP 12633, located at 72 Minnamurra Road, Northbridge NSW 2063, 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), ss 34, 34AA   Environmental Planning and Assessment Regulation 2021 (NSW), ss 27, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 ss 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13, 6.14 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 Willoughby Local Environmental Plan 2012, cll 6.1, 6.2.

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