Zhang v Mosman Municipal Council [2021] NSWLEC 1203

Land and Environment Court New South Wales

Medium Neutral Citation: Zhang v Mosman Municipal Council [2021] NSWLEC 1203 Hearing dates: 12 April 2021 Date of orders: 28 April 2021; and amended on 29 April 2021 Decision date: 28 April 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The written request seeking to justify the contravention of the height of buildings development standard at cl 4.3 of Mosman Local Environmental Plan 2012, prepared by Planning Ingenuity and dated 9 April 2021 is upheld. (2) The written request seeking to justify the contravention of the wall height development standard at cl 4.3A of Mosman Local Environmental Plan 2012, prepared by Planning Ingenuity and dated 9 April 2021 is upheld. (3) The written request seeking to justify the contravention of the floor space ratio development standard at cl 4.4A of Mosman Local Environmental Plan 2012, prepared by Planning Ingenuity and dated 9 April 2021 is upheld. (4) The appeal is upheld. (5) Development application No. 8.2020.94.1 for alterations and additions to a dwelling under construction is approved subject to the conditions included at Annexure A. (6) The Exhibits are returned with the exception of Exhibits 1, A-E. Catchwords: DEVELOPMENT APPLICATION – dwelling house – building height contravention – wall height contravention – floor space ratio contravention – neighbour objection Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Mosman Local Environmental Plan 2012 State Environmental Planning Policy No 55—Remediation of Land Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Cases Cited: Addenbrooke Pty Ltd v Woollahra Municipal Council [2008] NSWLEC 190 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 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: Mark Zhang (Applicant) Mosman Council (Respondent) Representation: Counsel: R White (Applicant) J Hewitt (Solicitor) (Respondent)