Vakili v Mosman Municipal Council [2000] NSWLEC 45

Land and Environment Court of New South Wales

CITATION : Vakili v Mosman Municipal Council [2000] NSWLEC 45 APPLICANT Hassan Vakili PARTIES : RESPONDENT Mosman Municipal Council FILE NUMBER(S) : 10334 of 1999 CORAM: Cowdroy J KEY ISSUES: Development :- Residential flat building - non-compliance with development standards - height - bulk and scale - car parking - density - site coverage - adverse environmental impacts - SEPP 1 objections Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No 1 Rivers and Foreshores Impact Act 1948 CASES CITED: Legal and General Life Australia Ltd v North Sydney Municipal Council (1989) 68 LGRA 192; Lavender View Regency Pty Ltd v North Sydney [no 3] (1997) 95 LGERA 420 DATES OF HEARING: 7/2/00, 8/2/00, 9/2/00, 10/2/00, 11/2/00 DATE OF JUDGMENT: 03/17/2000

APPLICANT Mr J Bingham (Solicitor)

SOLICITORS Deacons Graham & James

LEGAL REPRESENTATIVES: RESPONDENT Mr I Hemmings (Barrister)

SOLICITORS Hill Thomspon & Sullivan

JUDGMENT:

IN THE LAND AND MATTER No. 10334 of 1999 ENVIRONMENT COURT CORAM:Cowdroy J with Comm. Hussey OF NEW SOUTH WALES DECISION DATE: 17 March 2000

Hassan Vakili Applicant v Mosman Municipal Council Respondent

Judgment

Background 1. This is an appeal pursuant to s 97 of the Environmental Planning and Assessment Act 1979 by Hassan Vakili ("the applicant") against the refusal by Mosman Municipal Council ("the council") of a proposed integrated development comprising six dwellings with basement carparking ("the development"). The development site ("the site") is located at 2 Park Avenue Mosman.