Potter & Wilson Architects Pty Limited v Mosman Council [2020] NSWLEC 1681

Land and Environment Court New South Wales

Medium Neutral Citation: Potter & Wilson Architects Pty Limited v Mosman Council [2020] NSWLEC 1681 Hearing dates: Conciliation conference on 8 December 2020, final agreement filed 8 December 2020 Date of orders: 23 December 2020 Decision date: 23 December 2020 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the applicant to amend development application 8.2020.42.1 to rely on the following amended plans: (a) 005 Site Plan (Rev E), 2 July 2020 by Potter and Wilson (b) 101 Ground floor plan (Rev G), 23 October 2020 by Potter and Wilson (c) 110 New Landscape Plan (Rev F), 7 December 2020 by Potter and Wilson (d) 202 East elevation – Sheet 2 (Rev G), 23 October 2020 by Potter and Wilson (e) 204 West elevation – Sheet 2 (Rev G), 23 October 2020 by Potter and Wilson (f) 205 Morella Rd elevation – (Rev G), 23 October 2020 by Potter and Wilson (g) 300 Section 1 – Sheet 1 (Rev G), 23 October 2020 by Potter and Wilson (h) Landscape Area Calculation Plan LACP001, 8 December 2020 by Potter and Wilson and Craig and Rhodes (2) The appeal is upheld. (3) Development consent is granted to development application 8.2020.42.1 for alterations and additions to a dwelling house and a new garage and driveway to Morella Road at 5 Clifton Street, Mosman, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – 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 (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Cases Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (July 2020) Mosman Residential Development Control Plan 2012 Category: Principal judgment Parties: Potter and Wilson Architects Pty Ltd (Applicant) Mosman Council (Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicant) R McCulloch (Solicitor) (Respondent)