Heaton v Mosman Municipal Council [2024] NSWLEC 1309

Land and Environment Court New South Wales

Medium Neutral Citation: Heaton v Mosman Municipal Council [2024] NSWLEC 1309 Hearing dates: Conciliation Conference 31 May 2024 Date of orders: 11 June 2024 Decision date: 11 June 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. 8.2023.161.1 for the change of use from an office to a residential apartment and use of certain "as built" internal non-loadbearing walls and associated minor works at 5/645 Military Road, Mosman NSW 2088, as amended, is determined by grant of consent, subject to the conditions set out in Annexure "A". (3) The Applicant is to pay the Respondent's costs pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $8,000 within 14 days of the date of this order. Catchwords: DEVELOPMENT APPEAL – change of use to residential – use of various 'as built' internal non-loadbearing walls – minor works – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, Sch 7, ss 38, 64 Mosman Local Environmental Plan 2012, cll 4.4, 5.10 State Environment Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Building Code of Australia Category: Principal judgment Parties: Nicholas James Heaton (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: K Garnock (Solicitor)(Applicant) R McCulloch (Respondent)