NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Luigi Rosselli Pty Limited v Mosman Municipal Council [2024] NSWLEC 1034 Hearing dates: Conciliation Conference on 24 and 25 January 2024 Date of orders: 02 February 2024 Decision date: 02 February 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Consent No. 8.2021.436.1 is modified in the terms in Annexure A. (3) Development Consent No. 8.2021.436.1, as modified by the Court, is Annexure B. Catchwords: DEVELOPMENT APPEAL – modification application – residential – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.56, 8.9 Environmental Planning and Assessment Regulation 2021 s 100, 113 Land and Environment Court Act 1979, ss 34, 34AA Mosman Local Environmental Plan 2012, cll 4.3, 4.4, 6.7 State Environmental Planning Policy – Building Sustainability Index (BASIX) 2004 Cases Cited: Luigi Rosselli Pty Limited v Mosman Municipal Council [2022] NSWLEC 1502 Texts Cited: Mosman Community Participation Plan Category: Principal judgment Parties: Luigi Rosselli Pty Limited (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) R McCulloch (Solicitor) (Respondent)
Solicitors: Hones Lawyers (Applicant) Pikes and Verekers Lawyers (Respondent) File Number(s): 2023/250513 Publication restriction: No
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