Oriental Project Pty Ltd v Mosman Municipal Council [2021] NSWLEC 1432

Land and Environment Court New South Wales

Medium Neutral Citation: Oriental Project Pty Ltd v Mosman Municipal Council [2021] NSWLEC 1432 Hearing dates: Conciliation conference on 31 May 2021 and 24 June 2021 Date of orders: 30 July 2021 Decision date: 30 July 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The applicant is granted leave to amend the development application and rely on the amended plans referred to in Condition 1 of Annexure "A". (2) The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $5,000 within 28 days. (3) The Appeal is upheld. (4) Development Application 8.2020.112.1 for the demolition of existing structures and construction of a 4 x multi-dwellings and basement carparking cars at 13 Reginald Street, Mosman, NSW is approved subject to the conditions set out in Annexure "A". Catchwords: APPEAL – development application – multi dwelling housing – conciliation conference – agreement reached – development consent granted Legislation Cited: Environmental Planning and Assessment Act 1979 ss 8.7, 4.15, 4.16 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 s 34 Mosman Local Environmental Plan 2012 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Category: Principal judgment Parties: Oriental Project Pty Ltd (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)