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Class 1 — Merit appeal North Sydney Council 21 May 2026

Miller v North Sydney Council [2026] NSWLEC 1296

Before: Walsh C · NSW Land and Environment Court

Density / Bulk & ScaleConciliation / AgreementDemolition

Summary

DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders

Catchwords

DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders

Outcome

The Court orders: (1)   The Applicant is granted leave to amend Development Application No DA353/2025 to include the documents set out in Annexure B. (2)   The appeal is upheld. (3)   Development Application No DA353/2025, as amended, for the demolition of existing structures and construction of a detached residential dwelling with car stacker, swimming pool, landscaping and associated site works, at 181 High Street, North Sydney, is determined by the grant of consent, subject to the conditions at Annexure A.

Legislation cited

Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979 (NSW), ss 34   Environmental Planning and Assessment Regulation 2021, s 38 North Sydney Local Environmental Plan 2013, cll 5.21, 7.6 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 2.12, 4.6, Chs 2, 4 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, Pts 6.2, 6.3, ss 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.28, 6.32

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