NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Westaway v Mosman Municipal Council [2024] NSWLEC 1585 Hearing dates: Conciliation conference on 9 September 2024 Date of orders: 24 September 2024 Decision date: 24 September 2024 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) The appeal is upheld. (2) Development application number 8.2023.301.1, as amended, for alterations and additions to the existing dwelling on land identified as Lot B in Deposited Plan 322321 and known as 200B Raglan Street, Mosman, is determined by the grant of development consent subject to the conditions at Annexure A. 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 2012, Sch 5, cll 4.3, 4.3A, 4.4, 5.10, 6.3, 6.4, 6.7 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Sustainable Buildings) 2022 Texts Cited: Mosman Community Participation Plan 2020 Category: Principal judgment Parties: Jan Elizabeth Westaway (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: S Griffiths (Solicitor) (Applicant) T Ward (Solicitor) (Respondent)
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