Sit Family Pty Ltd v Mosman Municipal Council [2023] NSWLEC 1198

Land and Environment Court New South Wales

Medium Neutral Citation: Sit Family Pty Ltd v Mosman Municipal Council [2023] NSWLEC 1198 Hearing dates: 1 and 2 March 2023 Date of orders: 28 April 2023 Decision date: 28 April 2023 Jurisdiction: Class 1 Before: Harding AC Decision: In respect to proceedings 2022/290750 – the Court orders that: (1) The appeal is upheld. (2) Modification Application numbered DA 008.2020.185.001.2 (the Plant Room) is approved and the Development Consent granted to Development Application 008.2020.185.001 is modified as set out in Annexure "A" to this judgment. (3) The exhibits are to be returned except for Exhibits B and 1. In respect to proceedings 2022/290728 – the Court orders that: (1) The appeal is upheld. (2) Modification Application No 008.2020.185.001.3 (the Rumpus Room) is approved and the Development Consent granted to Development Application 008.2020.185.001 is modified as set out in Annexure "B" to this judgment. (3) The Development Consent to Development Application 008.2020.185.001, as modified by the Court, is subject to the consolidated conditions of Development Consent set out in Annexure "C" to this judgment. (4) The exhibits are to be returned except for Exhibits A and 1. Catchwords: MODIFICATION APPLICATION – dwelling – FSR –amended plans – excavation – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.55, 8.9 Land and Environment Court Act 1979, ss 34, 34AA Mosman Local Environmental Plan 2012, cll 4.3, 4.4, 4.6 Texts Cited: Mosman Residential Development Control Plan 2012 Category: Principal judgment Parties: Sit Family Pty Ltd (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: M Staunton (Applicant) R McCulloch (Solicitor)(Respondent)