WBMA Pty Ltd ATF Badawi Family Trust v Mosman Municipal Council [2024] NSWLEC 1163

Land and Environment Court New South Wales

Medium Neutral Citation: WBMA Pty Ltd ATF Badawi Family Trust v Mosman Municipal Council [2024] NSWLEC 1163 Hearing dates: 22 March 2024 Date of orders: 09 April 2024 Decision date: 09 April 2024 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Development Application No 8.2023.50.1 for demolition works and the construction of a new dwelling and swimming pool, at 9B Silex Road, Mosman, is refused. (3) The exhibits, other than Exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION – demolition of existing structures and construction of a new dwelling and swimming pool – exceedance of the height of buildings development standard Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, ss 34, 34AA, 39 Environmental Planning and Assessment Regulation 2021, s 38 Mosman Local Environmental Plan 2012, cll 4.6, 4.3, 6.2 Cases Cited: Cumming v Cumberland Council (No 2) [2021] NSWLEC 117 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Mosman Residential Development Control Plan 2012 Category: Principal judgment Parties: WBMA Pty Ltd ATF Badawi Family Trust (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) R McCulloch (Solicitor) (Respondent)