Sun v Mosman Council [2022] NSWLEC 1608

Land and Environment Court New South Wales

Medium Neutral Citation: Sun v Mosman Council [2022] NSWLEC 1608 Hearing dates: Hearing on 5 and 6 May 2022, written submissions on 17 May, 24 June, 14 July 2022 and 20 October 2022. Date of orders: 03 November 2022 Decision date: 03 November 2022 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court orders: (1) The Applicant is granted leave to rely on amended plans as set out in Condition 1 of Annexure A. (2) The three written requests under clause 4.6 of the Mosman Local Environmental Plan 2012 relating to building height, building wall height and FSR are upheld. (3) The appeal is upheld. (4) Development Application DA 8.2021.400.1 for the demolition of an existing dwelling house and the construction of a new dwelling house including swimming pool, basement carpark and landscaping works at 23 Burran Avenue, Mosman is approved, subject to the conditions in Annexure A. (5) All Exhibits are returned with the exception of Exhibits 2, P,Q and R. Catchwords: Development Consent:- proposed new dwelling and swimming pool in R2 Low Density Residential zone – breach of height standard – breach of floor space ratio standard – breach of wall height standard – view loss Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 8.7 Land and Environment Court Act 1979, ss 34AA, 39 Mosman Local Environmental Plan 2012 cll 4.3, 4.3A, 4.4, 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy (Resilience and Hazards) 2021 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005, cll 25, 26 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Mosman Development Control Plan 2012 Category: Principal judgment Parties: Wai Ping Sun (Applicant) Mosman Council (Respondent) Representation: D Briggs (Solicitor) (Applicant) S Patterson (Solicitor)(Respondent)