Hall v Mosman Municipal Council [2021] NSWLEC 1368

Land and Environment Court New South Wales

Medium Neutral Citation: Hall v Mosman Municipal Council [2021] NSWLEC 1368 Hearing dates: Conciliation conference on 8 and 9 June 2021 Date of orders: 24 June 2021 Decision date: 24 June 2021 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The applicant is granted leave to amend the development application and rely on the following architectural plans prepared by 'Design O C', dated 8 June 2021, revision C: (a) Drawing No. 01 - Site and location plan (b) Drawing No. 02 - Floor plan (c) Drawing No. 03 - Elevations (d) Drawing No. 04 - Street elevations (2) The applicant is granted leave to amend Development Application No. 8.2020.78.1 to include the partial demolition of the existing deck and structural works to support the remaining portion of the existing deck. (3) The Appeal is upheld. (4) Development Application No. 8.2020.78.1 for the partial demolition of the existing deck, structural works to support the remaining portion of the existing deck, erection of privacy screens and balustrading, landscaping and use of the amended existing deck on land legally described as Lot 17, Section C in Deposited Plan 3272 known as 28 Cowles Road, Mosman is approved subject to the conditions set out in Annexure "A". Catchwords: APPEAL – development application – rooftop deck above garage – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 and 8.10 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34 and 34AA Mosman Local Environmental Plan 2012 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Category: Principal judgment Parties: Ari Hall (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: A Gough (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)