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Class 1 — Merit appeal Ku-ring-gai Council 02 June 2026

Ottery v Ku-ring-gai Council [2026] NSWLEC 1322

Before: Walsh C · NSW Land and Environment Court

Trees / LandscapingConciliation / AgreementDemolitionBiodiversity

Summary

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

Catchwords

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

Outcome

The Court orders that: (1)   The appeal is upheld. (2)   Development Application No eDA0621/25, as amended, seeks consent for demolition of existing structures, construction of a two-storey residential dwelling, cabana swimming pool and associated landscaping works at 22 Ellalong Road, North Turramurra is determined by the grant of consent subject to the conditions at Annexure 'A'.

Legislation cited

Biodiversity Conservation Act 2016 (NSW), ss 7.2, 7.7 Environmental Planning and Assessment Act 1979 (NSW), ss, 4.15, 8.7 Land and Environment Court Act 1979 (NSW), ss 34, 34AA Biodiversity Conservation Regulation 2017, cll 7.1, 7.3 Environmental Planning and Assessment Regulation 2021 (NSW), ss 37, 38 Ku-ring-gai Local Environmental Plan 2015, cll 6.3, State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 Pt 6.2, ss 6.6, 6.7, 6.9, 6.10 6.5 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6

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