Richards v Mosman Municipal Council [2022] NSWLEC 1082

Land and Environment Court New South Wales

Medium Neutral Citation: Richards v Mosman Municipal Council [2022] NSWLEC 1082 Hearing dates: 30 November 2021 Date of orders: 17 February 2022 Decision date: 17 February 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: 1) That the cl 4.6 written request to justify the contravention of the height of building development standard is upheld. 2) That the cl 4.6 written request to justify the contravention of the wall height development standard is upheld. 3) The appeal is upheld. 4) Development application No. 8.2021.20.1 seeking consent for the demolition of a dwelling house, construction of a new dwelling house, double carport and landscaping works. at 26 Kirkoswald Avenue, Mosman, legally described as Lot B in DP 345994 is determined by granting consent to the application subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – residential development – height of building development standard – wall height development standard – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Mosman Local Environmental Plan 2012, cl 4.3, 4.3A, 4.6 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Category: Principal judgment Parties: Antoinette Richards (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)