Platform Project Services v Mosman Municipal Council [2022] NSWLEC 1516

Land and Environment Court New South Wales

Medium Neutral Citation: Platform Project Services v Mosman Municipal Council [2022] NSWLEC 1516 Hearing dates: Conciliation conference on 2 and 23 June 2022, 13 July 2022 Date of orders: 21 September 2022 Decision date: 21 September 2022 Jurisdiction: Class 1 Before: Horton 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 s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $20,144.00 within 28 days of the making of this order. (2) The written request pursuant to clause 4.6 of Mosman Local Environmental Plan 2012 seeking a variation to the height standard in clause 4.3 of Mosman Local Environmental Plan 2012 prepared by Longitude Planning dated 20 June 2022 is upheld. (3) The Appeal is upheld. (4) Development consent is granted to Development Application No. DA8.2021.434.1 for the construction of a mixed use development comprising retail space, 28 dwellings, a public car park and stratum/strata subdivision at 7-11 Spit Road, Mosman subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – mixed use development in B2 Local Centre zone – residential apartment development – residential flat building – conciliation conference – agreement between the parties - orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.11, 8.15 Environmental Planning and Assessment Regulation 2000, cll 3, 50, 55 Land and Environment Court Act 1979, s 34 Mosman Local Environmental Plan 2021, cll 4.3, 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 10.23, 10.24 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss, 2.48, 2.119, 2.120 State environmental planning policy No 65 – Design quality of residential apartment development, cll 28, 30 Cases Cited: Bettar v Council of the City of Sydney [2014] NSWLEC 1070 Texts Cited: Mosman Development Control Plan 2012 NSW Department of Planning, Apartment Design Guide (July 2015) Category: Principal judgment Parties: Platform Project Services (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: M Staunton (Applicant) R McCulloch (Solicitor) (Respondent)