Hualand Ida Rd Pty Ltd v Mosman Council [2020] NSWLEC 1451

Land and Environment Court New South Wales

Medium Neutral Citation: Hualand Ida Rd Pty Ltd v Mosman Council [2020] NSWLEC 1451 Hearing dates: 16 September 2020, Conciliation conference on 17 September 2020 Date of orders: 25 September 2020 Decision date: 25 September 2020 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) Leave is granted to the Applicant's to amend the development application and rely on the plans and documents listed under condition 1 of Annexure A. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the development application. (3) The appeal is upheld. (4) Development consent is granted to development application number 008.2019.00000009 for demolition of existing dwellings and construction of a two-storey residential flat building comprising five apartments with basement car park at 2 Ida Avenue, Mosman in accordance with the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – Demolition and construction of new residential flat building – extent of excavation – amenity of apartments – amended plans – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Mosman Local Environmental Plan 2012 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Category: Principal judgment Parties: Hualand Ida Rd Pty Ltd (Applicant) Mosman Council (Respondent) Representation: Counsel: C McEwen SC (Applicant) R McCulloch (Solicitor) (Respondent)