Stone v Mosman Municipal Council [2022] NSWLEC 1046

Land and Environment Court New South Wales

Medium Neutral Citation: Stone v Mosman Municipal Council [2022] NSWLEC 1046 Hearing dates: Conciliation conference on 27 January 2022 Date of orders: 01 February 2022 Decision date: 01 February 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The request pursuant to clause 4.6 of the Mosman Local Environmental Plan 2012 to vary the development standard for height contained in clause 4.3 thereof, as prepared by Bonus + Associates dated 10 November 2021, is upheld. (2) The appeal is upheld. (3) Development Application No. 8.2020.220.1 for alterations to an existing dual occupancy building to incorporate a lift to connect the basement level to the first floor level at 38 Botanic Road, Mosman is approved, subject to the conditions of consent in Annexure 'A'. Catchwords: DEVELOPMENT APPEAL – residential development – alterations and additions to add a passenger lift connecting basement parking to residence – cl 4.6 written request to justify contravention of maximum building height development standard – flood planning - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55, 102 Land and Environment Court Act 1979, s 34 Mosman Local Environmental Plan 2012, cll 4.3. 4.3A, 4.6, 5.1, 5.10, 5.21, 6.1, 6.2, 6.3, 6.4 State Environmental Planning Policy (Building Sustainability Index BASIX) 2004 State Environmental Planning Policy No. 55 – Remediation of Land, cl 7 State Regional Environmental Plan (Sydney Harbour Catchment) 2005, cll 13,18, 24, 25, 26 Category: Principal judgment Parties: Harry Stone (First Applicant) Jacqueline Stone (Second Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: A Adams (Solicitor)(Applicant) T Ward (Solicitor)(Respondent)