Wilson v Kiama Municipal Council [2026] NSWLEC 1423
Before: Espinosa C · NSW Land and Environment Court
Summary
DEVELOPMENT APPEAL – residential development - rural land – contravention of minimum Lot size for dwelling in rural landscape development standard – achieving the objective of minimising unplanned development - orders
Catchwords
DEVELOPMENT APPEAL – residential development - rural land – contravention of minimum Lot size for dwelling in rural landscape development standard – achieving the objective of minimising unplanned development - orders
Outcome
The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application No. 10.2025.131.1 seeking consent for a new dwelling house, swimming pool, farm building (machinery shed) and ancillary access (Proposed Development) at 85 Wyalla Road, Jamberoo legally described as Lot 4 in DP744186 and Lot 5 in DP240784 subject to the conditions of consent in Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), s 8.7 Kiama Local Environmental Plan 2011, cll 4.2, 4.2A, 4.6, 5.21, 6.12
Read the full judgment
Authoritative text on NSW Caselaw · ~29k words
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