Russo v Mosman Municipal Council [2024] NSWLEC 1591

Land and Environment Court New South Wales

Medium Neutral Citation: Russo v Mosman Municipal Council [2024] NSWLEC 1591 Hearing dates: Conciliation conference on 19 and 20 September 2024 Date of orders: 25 September 2024 Decision date: 25 September 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant's written request under clause 4.6 of the Mosman Local Environmental Plan 2012 (MLEP) seeking a contravention of the maximum height standard in clause 4.3 is upheld. (2) The Applicant's written request under clause 4.6 of the MLEP seeking a contravention of the maximum wall height standard in clause 4.3A is upheld. (3) The appeal is upheld. (4) Development application No. 8.2023.303.001 for the demolition of existing structures and the construction of a new dwelling house at 2 Hunter Road, Mosman, legally known as Lot 28 in DP 6314, is determined by grant of consent, subject to the conditions set out in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – dwelling house development in C4 Environmental Living – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, ss 34, 34AA Mosman Local Environmental Plan 2012, cll 4.3, 4.3A, 4.4, 4.6, 5.10, 6.1, 6.4, 6.6, 6.7 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 2, Pt 6, ss 6.6, 6.7, 6.8, 6.9, 6.65; Chs 7-12 (repealed) State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State Environmental Planning Policy Amendment (Water Catchments) 2022 Category: Principal judgment Parties: Joseph Russo (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: R Coffey (Applicant) R McCulloch (Solicitor) (Respondent)