Wolfe v Mosman Municipal Council [2021] NSWLEC 1374

Land and Environment Court New South Wales

Medium Neutral Citation: Wolfe v Mosman Municipal Council [2021] NSWLEC 1374 Hearing dates: 17-18 June 2021 Date of orders: 25 June 2021 Decision date: 25 June 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the application and rely upon the amended plans and other documents at condition 1 of Annexure A. (2) The appeal is upheld. (3) Development consent is granted to Development Application 8.2019.185.1 for alterations and additions to a dwelling house, the removal of a swimming pool and landscaping works at 61A Rangers Avenue, Mosman, subject to the conditions of consent at Annexure A. (4) All exhibits are returned except for Exhibit A and 4. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to dwelling house – exceedance of floor space ratio – clause 4.6 written request – visual impact Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979, ss 34, 34AA Mosman Residential Local Environmental Plan 2012, cll 4.3, 4.4, 4.6, 6.4, 6.6 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Texts Cited: Mosman Residential Development Control Plan 2012 Category: Principal judgment Parties: Andrew Wolfe (First Applicant) Alexis Wolfe (Second Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) S Patterson (Solicitor) (Respondent)