Derrin v Mosman Municipal Council [2023] NSWLEC 1542

Land and Environment Court New South Wales

Medium Neutral Citation: Derrin v Mosman Municipal Council [2023] NSWLEC 1542 Hearing dates: Conciliation conference on 28 August 2023 Date of orders: 20 September 2023 Decision date: 20 September 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The Applicant's cl. 4.6 submissions written by Four Towns Planning pursuant to cl. 4.6 of Mosman Shire Local Environment Plan 2012 (MLEP) to vary the height and wall height development standards in cl 4.3 and cl. 4.3A of MLEP are upheld. (2) The Appeal is upheld. (3) Development Application No. 8.2022.286.1 for construction of a dwelling with garage and landscape works at 9 Sirius Avenue, Mosman (Lot B DP395035) is determined by the grant of consent subject to the conditions in Annexure B. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – construction of residential dwelling – Clause 4.6 request -- agreement between the parties – orders Legislation Cited: Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Mosman Local Environmental Plan 2012, cll 4.3, 4.3A, 4.4, 4.4A, 4.6, 6.1, 6.4, 6.6, 6.7 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.65, Ch 10, Pt 10.2 State Environmental Planning Policy Building Sustainability Index: BASIX 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Mosman Municipal Council Community Participation Plan (2020) Category: Principal judgment Parties: William Derrin (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: J Smith (Applicant) R McCulloch (Solicitor)(Respondent)