Gordon v Mosman Council [2020] NSWLEC 1535

Land and Environment Court New South Wales

Medium Neutral Citation: Gordon v Mosman Council [2020] NSWLEC 1535 Hearing dates: Conciliation conference on 30 October 2020 Date of orders: 04 November 2020 Decision date: 04 November 2020 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The Applicant is granted leave to amend the development application to rely upon the amended architectural plans and landscape plans referred to in condition 1 of Annexure A. (2) The appeal is upheld. (3) Development application No. DA8.2019.113.1 for alterations and additions to an existing rear deck and construction of a swimming pool at 5 Oswald Street, Mosman is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Mosman Local Environmental Plan 2012 State Environmental Planning Policy 55— Remediation of Land State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Texts Cited: Mosman Residential Development Control Plan 2012 Category: Principal judgment Parties: Luke Gordon (Applicant) Mosman Council (Respondent) Representation: Counsel: T Sattler (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)