Wellstone Mosman Pty Ltd v Mosman Municipal Council [2020] NSWLEC 1675

Land and Environment Court New South Wales

Medium Neutral Citation: Wellstone Mosman Pty Ltd v Mosman Municipal Council [2020] NSWLEC 1675 Hearing dates: 11 December 2020 Date of orders: 30 December 2020 Decision date: 30 December 2020 Jurisdiction: Class 1 Before: O'Neill C and Shiels AC Decision: The Orders of the Court are: (1) The applicant is granted leave to amend the application to rely on the architectural and landscape plans listed in condition 1 of Annexure A and the amended written requests to vary development standards. (2) The appeal is upheld. (3) Development Application No. 8.2019.43.1 for the demolition of existing structures, removal of 8 trees, site works, construction of a residential flat building comprising 5 apartments and basement carpark for 12 cars accessed via a car lift and landscaping, is approved, subject to the conditions of consent at Annexure A. (4) The exhibits, other than exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION – residential flat building – amended proposal – no contentions Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Rural Fires Act 1997 State Environmental Planning Policy No 19 – Bushland in Urban Areas Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Tenacity Consulting v Warringah [2004] NSWLEC 140 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Mosman Residential Development Control Plan 2012 Category: Principal judgment Parties: Wellstone Mosman Pty Ltd (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: J Reid (Applicant) R McCulloch (Solicitor) (Respondent)