Fox v Mosman Council [2022] NSWLEC 1688

Land and Environment Court New South Wales

Medium Neutral Citation: Fox v Mosman Council [2022] NSWLEC 1688 Hearing dates: Conciliation conference 1, 2 December 2022 Date of orders: 13 December 2022 Decision date: 13 December 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application number 8.2022.135.1 for demolition of the existing dwelling house and construction of a new dwelling house with swimming pool and landscape works at 7A Kardinia Road, Mosman (Lot 52 DP 1169120) is determined by grating consent, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION: Demolition and new dwelling – alterations and additions – amended plans – agreement between the parties – orders made Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021 s 38 Land and Environment Court Act 1979 ss 34, 34AA Mosman Local Environmental Plan 2012 cll 2.7, 4.3, 4.3A, 4.4, 4.6, 6.4, 6.6, 6.7 State Environmental Planning Policy (Biodiversity and Conservation) 2021 ss 10.2, 10.3, 10.10 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; NSWLEC 827 Category: Principal judgment Parties: Edward William Beresford Fox (Applicant) Mosman Council (Respondent) Representation: Counsel: N Eastman (Applicant) R McCullough (Solicitor) (Respondent)