Cranitch v Mosman Municipal Council [2021] NSWLEC 1285

Land and Environment Court New South Wales

Medium Neutral Citation: Cranitch v Mosman Municipal Council [2021] NSWLEC 1285 Hearing dates: 29 March 2021 Date of orders: 25 May 2021 Decision date: 25 May 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 height of building is upheld. (3) 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. (4) The appeal is upheld. (5) Consent is granted to development application DA 8.2020.212.1 to demolish part existing garage, alter existing garage to become double garage, new home office in the undercroft of existing garage slab, demolish roof of existing house, new gable roof and attic to existing house, subject to conditions of consent at Annexure 'A'. (6) The exhibits, other than 1, 2, 6, A, B and D are returned. Catchwords: DEVELOPMENT APPLICATION – single dwelling – height of building – wall height – views – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, ss 34AA, 39(6) State Environmental Planning Policy No 55—Remediation of Land, cl 7.1 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007, s 45 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Mosman Local Environmental Plan 2012, cll 4.3, 4.3A, 4.6 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: Maya Cranitch (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) T Ward (Solicitor) (Respondent)