Platform Project Services Pty Limited v Mosman Municipal Council [2023] NSWLEC 1236

Land and Environment Court New South Wales

Medium Neutral Citation: Platform Project Services Pty Limited v Mosman Municipal Council [2023] NSWLEC 1236 Hearing dates: Conciliation Conference 27 January 2023 and 19 April 2023. Date of orders: 19 May 2023 Decision date: 19 May 2023 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The Applicants' written request prepared by Longitude Planning dated 6 March 2023 pursuant to clause 4.6 of the Mosman Local Environmental Plan 2012 (MLEP 2012) to vary the wall height of building development standard in clause 4.3A of the MLEP 2012 is upheld. (2) The Applicants' written request prepared by Longitude Planning dated 6 March 2023 pursuant to clause 4.6 of the Mosman Local Environmental Plan 2012 (MLEP 2012) to vary the floor space ratio development standard in clause 4.4 of the MLEP 2012 is upheld. (3) The appeal upheld. (4) Development Application No. DA8.2022.200.1 for demolition of existing building and construction of residential flat building at 1A Hampden Street, (also known as 8 Warringah Road) Mosman being the whole of the land in Lots 1, 2 and 3 in Strata Plan No. 13223 is determined by the grant of consent subject to the conditions in Annexure A. (5) The applicant is to pay Council's costs thrown away in the agreed sum of $21,000 within 28 days of the date of this order pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. Catchwords: DEVELOPMENT APPLICATION – floor space ratio – height control – landscaping – view loss Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979, ss 4.12, 4.15, 4.16, 4.17, 8.7, 8.11, 8.14, 8.15 Environmental Planning and Assessment Regulation 2021, ss 37, 91 Land and Environment Court Act 1979, ss 17, 34 Mosman Local Environmental Plan 2012, cll 2.3, 4.3, 4.3A, 4.4, 4.6, 5.10, 6.1, 6.4, 6.6, 6.7, Sch 5 State Environmental Planning Policy – Building and Sustainability Index (BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.65, Ch 2, s 2.1,Ch 10, Pt 10.3, Div 2 State Environmental Planning Policy No. 65 – Design Guidelines Residential Development, cl 4 State Environmental Planning Policy (Resilience and Hazards) 2021 Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 GLERA 256; [2018] NSWLEC 118 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Mosman Development Control Plan 2012 Mosman Community Participation Plan, June 2020 Category: Principal judgment Parties: Platform Project Services Pty Limited (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: M Staunton(Applicant) R McCulloch (Solicitor) (Respondent)