Nesbitt v Mosman Municipal Council [2022] NSWLEC 1038

Land and Environment Court New South Wales

Medium Neutral Citation: Nesbitt v Mosman Municipal Council [2022] NSWLEC 1038 Hearing dates: 14-15 December 2021 Date of orders: 6 January 2022 Decision date: 06 January 2022 Jurisdiction: Class 1 Before: Morris AC Decision: The Orders of the Court are: 1) The applicant is to pay the Council's costs thrown away as agreed or assessed pursuant to s 8.15 of the Environmental Planning and Assessment Act 1979 in regard to the amended plans. 2) The appeal is dismissed. 3) Development Application DA 8.2020.49.1 for the construction of a driveway crossing, hardstand parking space, new front fence with associated landscaping and drainage works at No 56 Spencer Road, Mosman, is refused consent 4) The exhibits, other than exhibits A, B, C and 3 are returned. Catchwords: DEVELOPMENT APPLICATION -hardstand parking space – impact on heritage item – design response and impact on streetscape in heritage conservation area Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Land and Environment Court Act 1997, s 34AA Mosman Local Environmental Plan 2012, cll 1.2, 2.3, 5.10, Sch 5, Pt 1, Pt 2 Texts Cited: Mosman Residential Development Control Plan 2012 Category: Principal judgment Parties: Simon Nesbitt (First Applicant) Erin Nesbitt (Second Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: J McKee (Solicitor) (Applicant) C Rose (Solicitor) (Respondent)