Group Homes Property No. 7 Pty Limited v Mosman Municipal Council [2020] NSWLEC 1647

Land and Environment Court New South Wales

Medium Neutral Citation: Group Homes Property No. 7 Pty Limited v Mosman Municipal Council [2020] NSWLEC 1647 Hearing dates: 12-13 October 2020 Date of orders: 11 February 2021 Decision date: 16 December 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. 8.2019.30.1 for alterations and additions to an existing dwelling house and change of use to a group home at 23 Pindari Avenue, Mosman, subject to conditions of consent at Annexure 'A'. (3) All exhibits are returned, except for Exhibits C, D, E, F, G, J, K, L and M. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to a dwelling house – State Environmental Planning Policy (Affordable Rental Housing) – Division 7 Group homes Legislation Cited: Aged Care Act 1997 (Cth) Environmental Planning and Assessment Act 1979 s 4.16 Mosman Local Environmental Plan 2012 cll 4.3, 4.3A, 4.4, 64 and 6.6 State Environmental Planning Policy (Affordable Rental Housing) 2009 cll 42, 43 and 46 Cases Cited: Walton v Blacktown City Council [2011] NSWLEC 1008 Walton v Blacktown City Council [2012] NSWLEC 106 Texts Cited: Aged Care Quality Standards Stormwater Policy in Mosman Australian Standards 2890.6:2009 Category: Principal judgment Parties: Group Homes Property No. 7 Pty Limited (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) T Ward (Solicitor) (Respondent)