NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Walker v Mosman Municipal Council [2024] NSWLEC 1341 Hearing dates: 15-16 April 2024 Date of orders: 20 June 2024 Decision date: 20 June 2024 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The Appeal is upheld. (2) Development consent is granted to Development Application No. 8.2023.31.1 for alterations and additions to the existing semi-detached dwelling house, including the construction of a vehicle turntable and hard stand parking area at 89 Spit Road, Mosman, Lot 72 in DP 602239. (3) All exhibits are to be returned except for exhibits A, C, 1, 3 and 4. Catchwords: DEVELOPMENT APPLICATION – alterations and additions – vehicle turntable – new fencing and street tree removal – streetscape implications Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34AA Roads Act 1993, s 138 Mosman Local Environmental Plan 2013, cll 1.2, 6.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, Ch 6, ss 6.2, 6.6-6.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Mosman Residential Development Control Plan 2012 Category: Principal judgment Parties: Phillip James Walker (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: J Smith (Applicant) R McCullough (Solicitor) (Respondent)
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