CMT Architects Australia Pty Ltd v Mosman Municipal Council [2021] NSWLEC 1147

Land and Environment Court New South Wales

Medium Neutral Citation: CMT Architects Australia Pty Ltd v Mosman Municipal Council [2021] NSWLEC 1147 Hearing dates: 21 December 2020 and 15 March 2021 Date of orders: 23 March 2021 Decision date: 23 March 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The orders of the Court are: (1) Leave is granted to the Applicant to amend the development application to rely on the plans referenced at condition 1 of Annexure 'A'. (2) The Applicant's written request pursuant to clause 4.6 of the Mosman Local Environmental Plan 2012 seeking a variation to the development standard for wall height is upheld. (3) The appeal is upheld. (4) Consent is granted to development application DA 8.2018.65.1 for the demolition of the existing dwelling and detached garage, and construction of a multi-dwelling housing development at 22 Park Avenue, Mosman, subject to conditions of consent at Annexure 'A'. (5) The exhibits, other than 1, 5, A, B and V are returned. Catchwords: DEVELOPMENT APPLICATION – multi-dwelling housing development – wall height – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Mosman Local Environmental Plan 2012 Texts 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: CMT Architects Australia Pty Ltd (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: S Berveling (Applicant) R McCulloch (Solicitor) (Respondent)