Sit Family Pty Ltd v Mosman Municipal Council [2022] NSWLEC 1032

Land and Environment Court New South Wales

Medium Neutral Citation: Sit Family Pty Ltd v Mosman Municipal Council [2022] NSWLEC 1032 Hearing dates: Conciliation conference 25 October, Hearing 26 October 2021, written submissions 29 October 2021 and 5 November 2021 Date of orders: 24 January 2022 Decision date: 24 January 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld (2) Development application DA/8.2020.283.1 for the demolition of existing dwelling and construction of a new dwelling, swimming pool and landscape works at 22C Burran Avenue Mosman is approved subject to the conditions at Annexure A. (3) The exhibits are returned with the exception of Exhibit 1, A and B. Catchwords: DEVELOPMENT APPLICATION – demolition of existing dwelling and structures, construction of a new dwelling, pool and landscape works – does the development exceed the floor space ratio control – is the proposed excavation acceptable – will the development have an unreasonable impact on the views of adjoining properties – is the bulk and scale and impacts of the proposed development on the streetscape acceptable – appeal upheld Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 121B Land and Environment Court Act 1979, s 34AA Mosman Local Environmental Plan 2012, cll 1.9A, 2.3, 4.4, 6.1, 6.3, 6.4 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, cl 6 State Environmental Planning Policy (Coastal Management) 2018, cll 13, 14 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, cll 13, 14, 20, Div 2 Cases Cited: Connoisseur Investments Pty Ltd v Sutherland Shire Council [2020] NSWLEC 1181 HP Subsidiary Pty Ltd v Parramatta City Council [2020] NSWLEC 135 Ku-ring-gai Council v Buyozo Pty Ltd [2021] NSWCA 177 Tenacity Consulting v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140 Texts Cited: Mosman Community Participation Plan 2020 Mosman Development Control Plan 2012 Category: Principal judgment Parties: Sit Family Pty Ltd (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: I Hemmings (Applicant) T Ward (Solicitor) (Respondent)