WINIM Developments Pty Limited v Mosman Municipal Council [2023] NSWLEC 1577

Land and Environment Court New South Wales

Medium Neutral Citation: WINIM Developments Pty Limited v Mosman Municipal Council [2023] NSWLEC 1577 Hearing dates: 4 September 2023 Date of orders: 4 October 2023 Decision date: 04 October 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The written request pursuant to cl 4.6 of Mosman Local Environmental Plan 2012, dated 24 July 2023 and prepared by Planning Ingenuity is upheld. (2) Development application No. 8.2022.276.1 for demolition, construction of a residential flat building comprising of 15 dwellings with basement carpark at 87-87A Cowles Road, Mosman is determined by the grant of consent subject to the conditions included at Annexure A. (3) The exhibits are returned with the exception of exhibits 1 and A, which are retained. Catchwords: DEVELOPMENT APPLICATION – residential flat building – building height contravention – lay objections – view loss – building massing – visual privacy – consent orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 3.42, 4.15, 8.7 Environmental Planning and Assessment Regulation 2021, s 29 Mosman Local Environmental Plan 2012, cll 1.2, 4.3, 4.4, 4.6, 6.1, 6.7 Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, s 2.6, Ch 10, s 10.2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy 65 – Design Quality of Residential Apartment Development, cl 28 State Environmental Planning Policy Amendment (Land Use Zones) (No 3) 2022 Cases Cited: Addenbrooke Pty Ltd v Woollahra Municipal Council [2008] NSWLEC 190 Alphatex Australia v The Hills Shire Council (No 2) [2009] NSWLEC 1126 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Tenacity Consulting v Warringah Council (2004) 134 LGERA 23; [2004] NSWLEC 140 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Zhang v Canterbury City Council (2001) 115 LGERA 373; [2001] NSWCA 167 Texts Cited: Land and Environment Court of New South Wales, Practice Note - Class 1 Development Appeals Mosman Business Centre Development Control Plan 2012 NSW Department of Planning and Environment, Apartment Design Guide (July 2015) Category: Principal judgment Parties: WINIM Developments Pty Limited (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: L Cone (Solicitor) (Applicant) R McCulloch (Solicitor) (Respondent)