Batchelor v Mosman Municipal Council [2022] NSWLEC 1582

Land and Environment Court New South Wales

Medium Neutral Citation: Batchelor v Mosman Municipal Council [2022] NSWLEC 1582 Hearing dates: Conciliation conference held on 5, 6 and 11 October 2022 Date of orders: 25 October 2022 Decision date: 25 October 2022 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders: (1) The revised cl 4.6 written request prepared by Andrew Minto of Minto Planning Services dated 7 October 2022 for a variation to the maximum wall height development standard in cl 4.3A of the Mosman Local Environmental Plan 2012 is upheld. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. 8.2021.480.1 for alterations and additions to the existing dwelling house on the land described as Lot 4 DP 313358 and known as 19 Thompson St Mosman subject to the conditions set out in Annexure 'A'. Catchwords: APPEAL – development application – alterations and additions to existing dwelling house – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.10 Environmental Planning and Assessment Regulation 2000, cll 49, 50, 55, Sch 1 cl 2A Environmental Planning and Assessment Regulation 2021, Sch 6 Pt 1 cl 3 Land and Environment Court Act 1979, ss 34, 34AA Mosman Local Environmental Plan 2012, cll 2.3, 4.3, 4.3A, 4.4, 4.6, 5.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Initial Action Pty Limited v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Planning Circular PS 20-002 dated 5 May 2020 Category: Principal judgment Parties: Magdalena Batchelor (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: T To (Applicant) S Patterson (Solicitor) (Respondent)