Sofi v Ku-ring-gai Council [2026] NSWLEC 1318
Before: Miller AC · 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) (EP&A Act) against the refusal of Development Application eDA0094/25 for demolition of the existing dwelling house and associated structures and the construction of a dwelling house, swimming pool and associated landscaping at 20 Ellalong Road, North Turramurra NSW (Lot 37 DP 36774) (the site) by Ku-ring-gai Council. The Court was required to arrange a conciliation conference betw
Catchwords
APPEAL — development application — dwelling house — conciliation conference — agreement reached — orders made
Outcome
The orders of the Court are: (1) The appeal is upheld. (2) Development Application eDA0094/25, as amended for the proposed demolition of the existing dwelling house and associated structures and the construction of a dwelling house, swimming pool and associated landscaping at 20 Ellalong Road, North Turramurra NSW 2074 (Lot 37 in DP 36774) is determined by the grant of consent subject to the conditions contained in 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 34AA, 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 27, 38, Sch 7 Ku-ring-gai Local Environmental Plan 2015, cll 2.3, 2.7, 4.3, 4.4, 6.1, 6.2, 6.3, 6.5 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, Pt 6.2, ss 6.6, 6.7, 6.9, 6.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022
Read the full judgment
Authoritative text on NSW Caselaw · ~9k words
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