Brovedani v Mosman Municipal Council [2021] NSWLEC 1505

Land and Environment Court New South Wales

Medium Neutral Citation: Brovedani v Mosman Municipal Council [2021] NSWLEC 1505 Hearing dates: Conciliation conference on 24-25 August 2021 Date of orders: 22 September 2021 Decision date: 22 September 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application Number 8.2020.83.1 lodged with the Respondent on 4 June 2020 for alterations and additions to the existing dwelling comprising lower ground floor extension at Lot 2 in Deposited Plan 316406, known as 7 Coronation Avenue, Mosman, subject to the conditions in the annexure marked "A". Catchwords: DEVELOPMENT APPLICATION – alterations to an existing dwelling – amended plans – town planning experts agree amended plans warrant approval – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 4.16 Environmental Planning and Assessment Regulation 2000, cl 49 Land and Environment Court Act 1979, s 34AA Mosman Local Environmental Plan 2012 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Texts Cited: Contaminated Land Planning Guidelines Category: Principal judgment Parties: Mirella Brovedani (First Applicant) Iain MacLean (Second Applicant) Mosman Council (Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicants) S Patterson (Solicitor) (Respondent)