HPG Mosman Projects Pty Ltd v Mosman Municipal Council [2021] NSWLEC 1243

Land and Environment Court New South Wales

Medium Neutral Citation: HPG Mosman Projects Pty Ltd v Mosman Municipal Council [2021] NSWLEC 1243 Hearing dates: 29-30 April 2021 Date of orders: 21 May 2021 Decision date: 21 May 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The applicants are granted leave to amend the application to rely on the documents tendered as Exhibit A. (2) The appeal is upheld. (3) Development Application No. 8.2020.25.1 for the retention of a portion of one building at 171 Avenue Road, Mosman, the demolition of remaining structures, and construction of a new four-storey shop top housing development, comprising 4 retail tenancies and 11 residential units and basement parking, at 171, 173 and 175-179 Avenue Road, Mosman, is approved, subject to the conditions of consent at Annexure A. (4) The exhibits, other than 1 and A, are returned. Catchwords: DEVELOLPMENT APPLICATION – shop top housing development – calculation of the gross floor area in accordance with the definition – exceedance of the height of buildings development standard – desired future character Legislation Cited: Environmental Planning and Assessment Act 1979 ss 8.7(1), 4.15 Land and Environment Court Act 1979 s 34 Mosman Local Environmental Plan 2012 cll 4.3, 4.4, 5.10 Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 GGD Danks Street P/L and CR Danks Street P/L v Council of the City of Sydney [2015] NSWLEC 1521 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Landmark Group Australia Pty Ltd v Sutherland Shire Council [2016] NSWLEC 1577 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Woollahra Municipal Council v SJD DB2 Pty Limited [2020] NSWLEC 115 Texts Cited: Building Code of Australia Business Centres Development Control Plan 2012 National Construction Code Category: Principal judgment Parties: HPG Mosman Projects Pty Ltd (First Applicant) COP Project Mosman Pty Ltd (Second Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: A Galasso SC (Applicants) J Merlino (Solicitor) (Respondent)