Simpson v Mosman Municipal Council [2022] NSWLEC 1241

Land and Environment Court New South Wales

Medium Neutral Citation: Simpson v Mosman Municipal Council [2022] NSWLEC 1241 Hearing dates: Conciliation conference on 27 April 2022 Date of orders: 9 May 2022 Decision date: 09 May 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application 8.2021.316.1 for demolition of existing dwelling and construction of new dwelling, swimming pool and garage on land legally comprising of the allotment described as Lot 65 DP 6648, known as 36 The Grove, Mosman is determined by the grant of consent subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – dwelling house development in R2 Low Density Residential zone – Balmoral Conservation Area – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34, 34AA, 39 Mosman Local Environmental Plan 2012, cll 4.3, 4.3A, 4.6, 6.1, 6.4, 6.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Category: Principal judgment Parties: Marc Simpson (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) S Patterson (Solicitor) (Respondent)