Carayanides v Mosman Municipal Council [2023] NSWLEC 1652

Land and Environment Court New South Wales

Medium Neutral Citation: Carayanides v Mosman Municipal Council [2023] NSWLEC 1652 Hearing dates: Conciliation conference on 10 October 2023 Date of orders: 3 November 2023 Decision date: 03 November 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is granted leave to rely on the amended Development Application filed with the Court on 6 October 2023. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. 8.2022.243.1, for the demolition of existing structures, Torrens title subdivision into two allotments and the construction of a two-storey semi-detached dwelling, car parking, landscaping and ancillary works on each allotment at 35 Harbour Street, Mosman (Lot 1 of Section 2 in DP 1150), subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition, subdivision and construction of semi-detached dwellings – 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 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, ss 23, 38 Mosman Local Environmental Plan 2012, cll 2.7, 4.1A, 4.3, 4.3A, 4.4A, 6.6, 6.7 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 10, ss 2.3, 2.6, 2.10, 6.65, 10.1 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Christina Carayanides (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: M Jaku (Solicitor) (Applicant) R McCulloch (Solicitor) (Respondent)