Redpath v Mosman Municipal Council [2023] NSWLEC 1629

Land and Environment Court New South Wales

Medium Neutral Citation: Redpath v Mosman Municipal Council [2023] NSWLEC 1629 Hearing dates: Conciliation conference on 17 October 2023 Date of orders: 24 October 2023 Decision date: 24 October 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is granted leave to rely upon the Amended Development Application. (2) The appeal is upheld. (3) Development Application No. 8.2022.225.1 for the alterations and additions to the existing dwelling at 18 Lavoni Street, Mosman is determined by the grant of development consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to existing dwelling – conciliation conference – amended plans and documents – agreement between the parties – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.13 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, ss 34, 34AA Mosman Local Environmental Plan 2012, cll 2.7, 4.3, 4.3A, 4.4, 5.10, 6.1, 6.4, 6.6, 6.7, Sch 5 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.65, Ch 10, s 10.1 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Betohuwisa Investments Pty Ltd v Kiama Municipal Council (2010) 177 LGERA 312; [2010] NSWLEC 223 Category: Principal judgment Parties: Nicholas Redpath (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: J Nouseir, solicitor (Applicant) K Glanville, solicitor (Respondent)