Sartori v Mosman Municipal Council [2024] NSWLEC 1407

Land and Environment Court New South Wales

Medium Neutral Citation: Sartori v Mosman Municipal Council [2024] NSWLEC 1407 Hearing dates: Conciliation conference on 5 July 2024 Date of orders: 18 July 2024 Decision date: 18 July 2024 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) The Applicant's written request, pursuant to cl 4.6 of the Mosman Local Environmental Plan 2012 (MLEP), seeking to vary the development standard for height of buildings set out in cl 4.3 of the MLEP is upheld. (2) The appeal is upheld. (3) Development Application No 8.2023.178.1 for alterations and additions to a dwelling house at 5 David Street Mosman, Lot 19, DP 6294, is determined by the grant of consent subject to the conditions in Annexure B. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – alterations and additions to dwelling house – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Environmental Planning and Assessment Regulation 2021, s 38 Mosman Local Environmental Plan 2013, cll 4.3, 4.3A, 4.4, 4.4A, 4.6, 6.1, 6.4, 6.6, 6.7 State Environmental Planning Policy 2004 (Building and Sustainability Index: BASIX) State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Giancarlo Sartori (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: Dr J Smith (Applicant) T Ward (Solicitor) (Respondent)