Smith v Mosman Municipal Council [2024] NSWLEC 1201

Land and Environment Court New South Wales

Medium Neutral Citation: Smith v Mosman Municipal Council [2024] NSWLEC 1201 Hearing dates: Conciliation Conference 19 January Date of orders: 19 April 2024 Decision date: 19 April 2024 Jurisdiction: Class 1 Before: Targett AC Decision: The Court orders that: (1) The applicant is directed to file the amended modification application the subject of Order (3) below within seven (7) days of the date of this order. (2) The appeal is upheld. (3) Development consent No.8.2022.41.1 is modified in the terms at Annexure A. (4) Development consent No.8.2022.41.2 as modified by the Court is set out in Annexure B. Catchwords: APPEAL – Modification Application – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.56, 8.9, 8.10, 8.14 Land and Environment Court Act 1979, ss 17, 34 Environmental Planning and Assessment Regulation 2021, s 113 Mosman Local Environmental Plan 2012, cll 4.3, 4.3A, 4.4, 4.6, 5.10, 6.4, 6.6, 6.7 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy - Building Sustainability Index: BASIX 2004 State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021 Cases Cited: Smith v Mosman Municipal Council [2023] NSWLEC 1156 Texts Cited: Mosman Community Participation Plan, June 2020 Category: Principal judgment Parties: Paul Smith (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: A Chryssochoides (Solicitor) (Applicant) R McCulloch (Solicitor) (Respondent)