Heath v Mosman Municipal Council [2022] NSWLEC 1628

Land and Environment Court New South Wales

Medium Neutral Citation: Heath v Mosman Municipal Council [2022] NSWLEC 1628 Hearing dates: Conciliation conference on 15 September 2022 Date of orders: 11 November 2022 Decision date: 11 November 2022 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court Orders that: 1) Leave is granted to the Applicant to rely on the amended documentation listed in paragraph [15(1)]. 2) The Applicant's two clause 4.6 variation requests pursuant to: a) clause 4.3 ('building height') of the Mosman Local Environmental Plan 2012 seeking to justify contravention of the height of buildings standard; and b) clause 4.3A ('wall height') of the Mosman Local Environmental Plan 2012 seeking to justify contravention of the wall height; are upheld. 3) The appeal is upheld. 4) Development Consent is granted to Development Application No. 8.2021.463.1 for alterations and additions to an existing dwelling house, construction of a plunge pool and landscaping works at 35 Avenue Road, Mosman, subject to conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPEAL – dwelling house – non-compliance with building height and wall height –conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Mosman Local Environmental Plan 2012 cll 4.3, 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Merman Investments Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1582 Category: Principal judgment Parties: Tiffany Heath (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: N Eastman (Applicant) R McCulloch (Solicitor) (Respondent)