Qianli Lu v Willoughby City Council [2026] NSWLEC 1267
Before: O’Neill C · NSW Land and Environment Court
Summary
This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of Development Application No DA-2024/63 for the demolition of a rear garage and swimming pool with fencing, alterations and additions to the existing dwelling, the construction of a detached single storey dwelling, subdivision of land into two Torrens title lots and associated site works (the proposal), at 237 Mowbray Road, Chatswood (Lot 100 in DP83
Catchwords
DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders
Outcome
The orders of the Court are: (1) The appeal is upheld. (2) Development Application No DA-2024/63, as amended, for the demolition of a rear garage and swimming pool with fencing, alterations and additions to the existing dwelling listed as a local heritage item, the construction of a detached single storey dwelling, subdivision of land into two Torrens title lots and associated site works, on land legally described as Lot 100 in DP833865 and known as 237 Mowbray Road, Chatswood NSW 2067, is determined by the grant of development consent, subject to the conditions of consent at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 8.7 Land and Environment Court Act 1979 (NSW), ss 34, 34AA Environmental Planning and Assessment Regulation 2021 (NSW), s 38 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 Willoughby Local Environmental Plan 2012, cll 4.1, 4.3, 4.4, 4.6, 5.10, 6.2, 6.3, 6.15
Read the full judgment
Authoritative text on NSW Caselaw · ~21k words
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