NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: CAHCJH Pty Ltd v Mosman Municipal Council [2024] NSWLEC 1517 Hearing dates: 22 and 23 July 2024 Date of orders: 27 August 2024 Decision date: 27 August 2024 Jurisdiction: Class 1 Before: Thorpe AC Decision: The Court orders: (1) The appeal is dismissed. (2) Development application No. 8.2023.276.1 for the construction of a car space forward of the dwelling at 172 Raglan Street, Mosman, is refused. (3) The exhibits, other than exhibits A, B, C and 1, are to be returned. Catchwords: RESIDENTIAL DEVELOPMENT APPEAL – car parking – streetscape implications Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34, 34AA, 39 Mosman Local Environmental Plan 2012 Cases Cited: Walker v Mosman Municipal Council [2024] NSWLEC 1341 Segal v Waverley Council [2004] NSWLEC 363 Goldin v Minister for Transport Administering the Ports Corporatisation and Waterways Management Act 1995 (2002) 121 LGERA 101; [2002] NSWLEC 75 Texts Cited: Mosman Residential Development Control Plan 2012 AS/NZS 2890.1:2004 Parking facilities, Off-street car parking Category: Principal judgment Parties: CAHCJH Pty Ltd ACN 655 384 240 (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: G Shapiro (Solicitor) (Applicant) R McCulloch (Solicitor) (Respondent)
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