Smith v Mosman Municipal Council [2023] NSWLEC 1156

Land and Environment Court New South Wales

Medium Neutral Citation: Smith v Mosman Municipal Council [2023] NSWLEC 1156 Hearing dates: Conciliation conference held on 1 February 2023 Date of orders: 04 April 2023 Decision date: 04 April 2023 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders: (1) The clause 4.6 written request prepared by Ingham Planning Pty Ltd dated February 2023 for the variation of the maximum height, wall height and floor space ratio development standards in clauses 4.3, 4.3A and 4.4 of the Mosman Local Environmental Plan 2012 are upheld. (2) The appeal is upheld. (3) Development consent is granted to development application No 8.2022.41.001 for alterations and additions to the existing residential flat building and dwelling house, construction of a basement carpark, swimming pools and landscaping on the land described as Lot 1 DP 922512 and Lot 1 DP 919852 and known as 20 – 22 Raglan Street, Mosman subject to the conditions set out in Annexure A. (4) The applicant is to pay Council's costs thrown away in the agreed sum of $13,000.00 pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 within 14 days of the date of this order. Catchwords: APPEAL – development application – alterations and additions to existing residential flat building and dwelling house – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.10 Environmental Planning and Assessment Regulation 2021, ss 23, 27, 29, 38 and Sch 7 Dictionary Interpretation Act 1987, s 30A Land and Environment Court Act 1979, s 34 Mosman Local Environmental Plan 2012, cll 2.3, 4.3, 4.3A, 4.4, 4.6, 5.10, 6.4, 6.6, 6.7, Sch 5 State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Buildings, cll 28, 30 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.65, Ch 10, Pt 10.3, Div 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 State Environmental Planning Policy (Housing) 2021, s 47, Pt 3 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide (July 2015) Category: Principal judgment Parties: Paul Smith (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: A Chryssochoides (Solicitor) (Applicant) R McCulloch (Solicitor) (Respondent)