Zhang v Mosman Municipal Council [2023] NSWLEC 1481

Land and Environment Court New South Wales

Medium Neutral Citation: Zhang v Mosman Municipal Council [2023] NSWLEC 1481 Hearing dates: Conciliation conference on 14 August 2023 Date of orders: 25 August 2023 Decision date: 25 August 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application 8.2022.301.1 for alterations and additions to an existing dwelling house to create a new dwelling house at 8 Middle Head Road, Mosman, subject to conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – dwelling house development in R2 Low Density Residential zone – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 8.7, 10.3 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, ss 34, 34AA Mosman Local Environmental Plan 2012, Sch 5, cll 4.3, 4.3A. 4.6, 5.10. 6.1, 6.4, 6.7 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, 7, 8, 9, 10, 11, 12, ss 2.10, 6.65 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy Amendment (Water Catchments) 2022 Texts Cited: Mosman Residential Development Control Plan 2012 NSW Rural Fire Service, Planning for Bushfire Protection, November 2019 Category: Principal judgment Parties: Guoliang Zhang (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) R McCulloch (Solicitor) (Respondent)