Markakis v Mosman Municipal Council [2022] NSWLEC 1223

Land and Environment Court New South Wales

Medium Neutral Citation: Markakis v Mosman Municipal Council [2022] NSWLEC 1223 Hearing dates: 6 April 2022 Date of orders: 29 April 2022 Decision date: 29 April 2022 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application 8.2021.279.1 for the consolidation of Lot 1 DP 1183122 and Lot 3 DP 173762, known as 103A and 105 Raglan St Mosman, the construction of a single-storey tennis retreat, ancillary to the existing dwelling house, and associated landscaping subject to the conditions in Annexure A. (3) Exhibits A, B, 4, 5, 7 and 8 are retained. All other exhibits may be returned. Catchwords: APPEAL – development application – "tennis retreat" – consent orders – objections raised by residents – height, bulk and scale – privacy – overshadowing Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.10 Environmental Planning and Assessment Regulation 2000, cll 3, 49, Sch 1 cl 2A Environmental Planning and Assessment Regulation 2021, cl 3 Land and Environment Court Act 1979, s 39(2) Mosman Local Environmental Plan 2012, cll 4.3, 4.3A, 4.4, 6.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, cl 4.16 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Texts Cited: Land and Environment Court Practice Note - Class 1 Development Appeals Mosman Residential Development Control Plan 2012 Category: Principal judgment Parties: Anthony Markakis (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: G Farland (Applicant) R McCulloch (Solicitor) (Respondent)