Zitianellis v Mosman Municipal Council [2024] NSWLEC 1761

Land and Environment Court New South Wales

Medium Neutral Citation: Zitianellis v Mosman Municipal Council [2024] NSWLEC 1761 Hearing dates: Conciliation conference 14-15 November 2024 Date of orders: 27 November 2024 Decision date: 27 November 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application 8.2024.88.1 for demolition of existing structures and the erection of a new dwelling and swimming pool with associated landscaping works in relation to Lot 1 DP318648, being 5 Little Street, Mosman is determined by the grant of consent subject to the conditions set out in Annexure 'A' to this agreement. Catchwords: DEVELOPMENT APPEAL – new dwelling house – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, ss 34, 34AA Mosman Local Environmental Plan 2012, cll 2.7, 4.3, 4.3A, 4.4A, 4.6, 5.10, 6.4, 6.6, 6.7 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2021 Category: Principal judgment Parties: Barbara Zitianellis (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: C Irish (Applicant) R McCulloch (Solicitor) (Respondent)