Land and Environment Court New South Wales Medium Neutral Citation: FABCOT PTY LTD v Mosman Municipal Council (No 2) [2021] NSWLEC 1730 Hearing dates: 5-6 October 2021 Date of orders: 1 December 2021 Decision date: 01 December 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: 1) The appeal is upheld. 2) Development consent is granted for Development Application DA8.2020.24.1 seeking consent for the partial demolition of six existing terraces, construction of a part-one, part-two storey development with retention and restoration of existing Military Road facades, and use for a Woolworths Metro supermarket and café, at-grade car park, loading area, associated signage and landscaping works at 731-741 Military Road, Mosman, subject to those conditions of consent at Annexure A. 3) All exhibits are returned, except for Exhibits A, E, L and 10. Catchwords: DEVELOPMENT APPLICATION –Military Road heritage conservation area – Mosman junction Business Centre – traffic and parking impact – assessment of car parking provision – proposed lane widening – acoustic assessment - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16 Cases Cited: FABCOT PTY LTD v Mosman Municipal Council [2021] NSWLEC 1665 Category: Principal judgment Parties: FABCOT PTY LTD (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) A Pickles SC (Respondent) with M Staunton Solicitors: Mills Oakley (Applicant) HWL Ebsworth (Respondent) File Number(s): 2020/349292 Publication restriction: No Judgment 1. COMMISSIONER: In a judgment given on 2 November 2021, the Court gave its decision FABCOT PTY LTD v Mosman Municipal Council [2021] NSWLEC 1665 in respect of Development Application DA8.2020.24.1 seeking consent for the partial demolition of six existing terraces, construction of a part-one, part-two storey development with retention and restoration of existing Military Road facades, and use for a Woolworths Metro supermarket and café, at-grade car park, loading area, associated signage and landscaping works at 731-741 Military Road, Mosman. 2. In my preliminary judgment, I determined that the development the subject of the development application warrants the grant of consent in accordance with s 4.16 of the Environmental Planning and Assessment Act 1979 (EPA Act), subject to conformance with certain directions made by the Court. 3. On 17 November 2021, the parties complied with the Court's directions. Amended architectural plans and agreed conditions of consent, consistent with my findings, were filed with the Court. 4. As the parties have now complied with the directions at [200] of my preliminary judgment of 2 November 2021, it is appropriate to make orders granting development consent in accordance with s 4.16 of the EPA Act. Orders 1. The Court orders that: 1. The appeal is upheld. 2. Development consent is granted for Development Application DA8.2020.24.1 seeking consent for the partial demolition of six existing terraces, construction of a part-one, part-two storey development with retention and restoration of existing Military Road facades, and use for a Woolworths Metro supermarket and café, at-grade car park, loading area, associated signage and landscaping works at 731-741 Military Road, Mosman, subject to those conditions of consent at Annexure A. 3. All exhibits are returned, except for Exhibits A, E, L and 10. …………………… T Horton Commissioner of the Court (Annexure A) (391881, pdf) ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 01 December 2021