Naylor v Mosman Municipal Council [2024] NSWLEC 1307

Land and Environment Court New South Wales

Medium Neutral Citation: Naylor v Mosman Municipal Council [2024] NSWLEC 1307 Hearing dates: Conciliation conference on 03 June 2024 Date of orders: 07 June 2024 Decision date: 07 June 2024 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The applicants' written request pursuant to cl 4.6 of the Mosman Local Environmental Plan 2012 (MLEP) to vary the floor space ratio development standard in cl 4.4 of the MLEP is upheld. (2) The appeal is upheld. (3) Development Consent is granted to Development Application No. 8.2023.172.1 for landscaping works, including a new swimming pool, new sauna and associated works at 17 Balmoral Avenue, Mosman, subject to the conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – swimming pool – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34AA Environmental Planning and Assessment Regulation 2021, s 38 Mosman Local Environmental Plan 2013, cll 4.3, 4.4, 4.4A, 4.6, 5.10, 6.1, 6.4, 6.6, 6.7 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.2, 6.6, Ch 6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Nadia Ann Naylor (First Applicant) Michael John Humphreys (Second Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: G Shapiro (Solicitor) (Applicants) R McCulloch (Solicitor) (Respondent)