Amelia v Mosman Municipal Council [2025] NSWLEC 1043

Land and Environment Court New South Wales

Medium Neutral Citation: Amelia v Mosman Municipal Council [2025] NSWLEC 1043 Hearing dates: 26 and 27 September 2024 Date of orders: 28 January 2025 Decision date: 28 January 2025 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent No 8.2023.107.1 is modified in the terms set out in Annexure A. (3) Development consent No 8.2023.107.1, as modified by the Court, is subject to the consolidated modified conditions set out in Annexure B. (4) The exhibits are returned except for Exhibit A. Catchwords: APPEAL – modification application – construct garage-like structure and enclosed driveway to extend to approved basement car parking of new dwelling – whether substantially the same development - impact on streetscape – existing mature tree preservation Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Land and Environment Court Act 1979, s 34AA Mosman Local Environmental Plan 2012 Cases Cited: North Sydney Council v Michael Handley & Associates (1998) 43 NSWLR 468; [1998] NSWSC 163 Arrage v Inner West Council [2019] NSWLEC 85 Vacik Pty Ltd v Penrith City Council [1992] NSWLEC 8 Texts Cited: Mosman Residential Development Control Plan 2012 Category: Principal judgment Parties: Libby Amelia (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: J Smith (Applicant) R McCulloch (Solicitor) (Respondent)