Queenprop Pty Ltd v Mosman Municipal Council [2024] NSWLEC 1193

Land and Environment Court New South Wales

Medium Neutral Citation: Queenprop Pty Ltd v Mosman Municipal Council [2024] NSWLEC 1193 Hearing dates: Conciliation Conference 18 March and 4 April 2024 Date of orders: 17 April 2024 Decision date: 17 April 2024 Jurisdiction: Class 1 Before: Targett AC Decision: The Court orders that: (1) The appeal is upheld. (2) The Development Control Order given by Mosman Municipal Council on 13 October 2023 is modified pursuant to section 8.18(4) of the Environmental Planning and Assessment Act 1979 in accordance with the modified order contained at Annexure A. Catchwords: DEVELOPMENT CONTROL ORDER – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.18, 9.34, Pt 1, Sch 5 Land and Environment Court Act 1979, ss 17, 34 Mosman Local Environmental Plan 2012 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Cai v Fairfield City Council [2022] NSWLEC 58 Category: Principal judgment Parties: Queenprop Pty Ltd (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: F Berglund (Applicants) B Dyer (Solicitor) (Respondent)

Solicitors: Vincent Young Lawyers (Applicants) Maddocks (Respondent) File Number(s): 2023/358022 Publication restriction: Nil

Judgment 1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.18 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the Development Control Order (No. 13.2023.7.1 dated 13 October 2023) issued by the respondent under s 9.34(1) and Pt 1 of Sch 5 of the EPA Act (DCO) to the applicant, requiring the applicant to demolish specified unlawful works constructed at land identified as Lot 6 in Strata Plan 2554, known as Unit 6, 17 Mosman Street, Mosman (Subject Land). 2. The Court has power to dispose of these proceedings under its Class 1 jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (LEC Act).