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Class 1 — Merit appeal Ku-ring-gai Council 14 May 2026

Zou v Ku-ring-gai Council [2026] NSWLEC 1274

Before: Espinosa C · NSW Land and Environment Court

Trees / LandscapingConciliation / AgreementSubdivisionBiodiversityStormwater / Drainage

Summary

DEVELOPMENT APPEAL – residential development Lot 3 – orders   DEVELOPMENT APPEAL – residential development Lot 2 – orders

Catchwords

DEVELOPMENT APPEAL – residential development Lot 3 – orders   DEVELOPMENT APPEAL – residential development Lot 2 – orders

Outcome

In proceedings 2025/492995 (Lot 3), the Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. eDA0179/25 for the construction of a new dwelling, stormwater works, swimming pool and associated landscaping upon proposed Lot 3 in a subdivision of land currently identified as Lot 21 in Deposited Plan 1189066 known as 31 Chilton Parade, Wahroonga NSW 2076 subject to the conditions of consent in Annexure A.   In proceedings 2025/493008 (Lot 2), the Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. eDA0178/25 for the construction of a new dwelling, stormwater works, swimming pool and associated landscaping upon proposed Lot 2 in a subdivision of land currently identified as Lot 21 in Deposited Plan 1189066, known as 31 Chilton Parade, Wahroonga NSW 2076 subject to the conditions of consent in Annexure A.

Legislation cited

Biodiversity Conservation Act 2016 (NSW) Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.7 Environment Protection and Biodiversity Conservation Act 1999 (Cth) Land and Environment Court Act 1979 (NSW), ss 34, 34AA   Ku-ring-gai Local Environmental Plan 2015, cll 4.3, 4.4, 4.6, 5.10, 6.1, 6.2, 6.3, 6.4, 6.5 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Environmental Planning and Assessment Regulation 2021 (NSW), ss 27, 28

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Authoritative text on NSW Caselaw · ~39k words

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