Dracena Group Pty Ltd v Mosman Municipal Council [2021] NSWLEC 1636

Land and Environment Court New South Wales

Medium Neutral Citation: Dracena Group Pty Ltd v Mosman Municipal Council [2021] NSWLEC 1636 Hearing dates: Conciliation conference held on 5 October 2021 Date of orders: 01 November 2021 Decision date: 01 November 2021 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The appeal is upheld. (2) Modification Application No.8.2016.217.4 is approved and Development Consent No.8.2016.217.1 is modified in the terms set out in Annexure A. (3) As a consequence of order (2) above, Development Consent No.8.2016.217.1 is now subject to the consolidated modified conditions of development consent set out in Annexure B. Catchwords: MODIFICATION APPLICATION – residential development – front fences constructed contrary to development consent – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.55, 8.9 Environmental Planning and Assessment Regulation 2000, cl 121B Land and Environment Court Act 1979, ss 34AA, 34 Mosman Local Environmental Plan 2012 State Environmental Planning Policy No 55— Remediation of Land, cl 7 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Category: Principal judgment Parties: Dracena Group Pty Ltd (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)