Camuglia v Mosman Municipal Council [2022] NSWLEC 1613

Land and Environment Court New South Wales

Medium Neutral Citation: Camuglia v Mosman Municipal Council [2022] NSWLEC 1613 Hearing dates: Conciliation conference 31 October, 1 November 2022 Date of orders: 04 November 2022 Decision date: 04 November 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. 8.2021.455.1, for demolition and the construction of a new dwelling house with swimming pool at 24 Botanic Road, Mosman (Lot 29 in Deposited Plan 16059), subject to the conditions of consent in Annexure A.

Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between parties – orders Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 55, 97A Land and Environment Court Act 1979, ss 34, 34AA, 39 Mosman Local Environmental Plan 2012, cll 2.3, 2.7, 4.3, 4.3A, 4.6, 6.1, 6.4, 6.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, Pt 10 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, Ch 2 Category: Principal judgment Parties: Marco Camuglia (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: M Staunton (Applicant) R McCulloch (Solicitor) (Respondent)