Campisi v Mosman Municipal Council [2022] NSWLEC 1503

Land and Environment Court New South Wales

Medium Neutral Citation: Campisi v Mosman Municipal Council [2022] NSWLEC 1503 Hearing dates: 07 September 2022 Date of orders: 16 September 2022 Decision date: 16 September 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant shall pay the Respondent's costs thrown away by reason of the amendment of the Development Application pursuant to s8.15(3) Environmental Planning and Assessment Act 1979 in the agreed sum of $8,500.00 within 28 days of the making of this order. (2) the Appeal is upheld. (3) development consent is granted to development application 8.2021.336.1 for the demolition of the existing dwelling and construction of two residential units (dual occupancy) with basement carparking, removal of trees and associated landscaping at 161 Avenue Road, Mosman subject to the conditions in Annexure A to this Agreement. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55, Sch 1 Land and Environment Court Act 1979, s 34 Mosman Local Environmental Plan 2012, cll 2.3, 4.3, 4.4, 5.10, 6.1, 6.2, 6.3, 6.4, 6.6 State Environmental Planning Policy No 55 - Remediation of Land, cl 7 State Environmental Planning Policy (Biodiversity and Conservation 2021, Ch 10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 2, s 2.48 Texts Cited: Land and Environment Court of NSW COVID-19 Pandemic Arrangements Policy (April 2021) Mosman Development Control Plan 2012 Mosman Municipal Council, Community Participation Plan, 2020 Category: Principal judgment Parties: Anthony John Campisi (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: G Shapiro (Solicitor)(Applicant) R McCulloch (Solicitor)(Respondent)