Platform Project Services Pty Ltd v Mosman Municipal Council [2021] NSWLEC 1696

Land and Environment Court New South Wales

Medium Neutral Citation: Platform Project Services Pty Ltd v Mosman Municipal Council [2021] NSWLEC 1696 Hearing dates: Conciliation Conference 1 November, Hearing 2 November 2021 Date of orders: 18 November 2021 Decision date: 18 November 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is dismissed. (2) Modification Application 8.2018.20.6, which seeks to amend DA 8.2018.20.1 by the rebuilding of specific walls on both the ground and first floor is determined by way of refusal. (3) The exhibits are returned with the exception of A, B and 2. Catchwords: MODIFICATION APPLICATION – amendments sought to an existing consent for alterations and additions to a residential dwelling – whether the development is substantially the same development – appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.5, 4.55, 8.9 Environmental Planning and Assessment Regulation 2000, cl 121B(1) Land and Environment Court Act 1979, s 34AA Mosman Local Environmental Plan 2012 Cases Cited: Arrage v Inner West Council [2019] NSWLEC 85 Ku-ring-gai Council v Buyozo Pty Ltd [2021] NSWCA 177 Scrap Realty Pty Ltd v Botany Bay City Council (2008) 166 LGERA 342; [2008] NSWLEC 333 Texts Cited: Mosman Development Control Plan 2012 Category: Principal judgment Parties: Platform Project Services Pty Ltd (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: M Seymour (Applicant) M Astill (Respondent)