Schonell v Mosman Municipal Council [2023] NSWLEC 1154

Land and Environment Court New South Wales

Medium Neutral Citation: Schonell v Mosman Municipal Council [2023] NSWLEC 1154 Hearing dates: Conciliation conference on 23 March 2023 Date of orders: 04 April 2023 Decision date: 04 April 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The Appeal is upheld. (2) Modification Application No 8.2021.278.2 (as amended) for modification of the approved pool and adjoining lawn area, the addition of a gym, bathroom, sauna, external stair and new window to Bathroom 2 and associated works at Lot 2 in DP 1272943, known as 21 Parriwi Road Mosman, is approved and the Development Consent granted to Development Application 8.2021.278.1 by the Respondent on 15 December 2021, is modified as set out in Annexure "A" to this judgment. (3) The Development Consent to Development Application 8.2021.278.1, as modified by the Court, is subject to the consolidated conditions of Development Consent set out in Annexure "B" to this judgment. Catchwords: MODIFICATION APPLICATION – Dwelling House and Ancillary Structures – amended plans – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.55, 8.9 Land and Environment Court Act 1979, ss 34, 34AA Category: Principal judgment Parties: Stefan Schonell (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: Dr J Smith (Applicant) R McCulloch (Solicitor)(Respondent)