Marchese and Partners Architects v Mosman Municipal Council [2006] NSWLEC 260

Land and Environment Court of New South Wales

CITATION : Marchese and Partners Architects v Mosman Municipal Council [2006] NSWLEC 260

APPLICANT Marchese and Partners Architects PARTIES : RESPONDENT Mosman Municipal Council

FILE NUMBER(S) : 11146 of 2005

CORAM: Hoffman C

KEY ISSUES: Development Application :- Adjoining heritage item, transitional requirements between commercial and residential zones, setbacks, streetscape bulk and massing controls, amenity impacts on adjoining residential, impacts on heritage item and its setting

LEGISLATION CITED: Mosman Local Environmental Plan 1998 Mosman Business Centres Development Control Plan

CASES CITED: Remath Investments (No. 6) Pty Ltd v Botany Bay City Council [2000] NSWLEC 137; Seaside Properties Developments Pty Limited v Wyong Shire Council [2004] NSWLEC 117.

DATES OF HEARING: 15/05/2006

DATE OF JUDGMENT: 05/30/2006

APPLICANT Mr G Newport, barrister Instructed by: Mr K Webber, solicitor Of: Wilshire Webb

LEGAL REPRESENTATIVES: RESPONDENT Mr S Griffiths, solicitor SOLICITORS Pike Pike & Fenwick

JUDGMENT: JUDGMENT THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

30 May 2006

11146 of 2005 Marchese and Partners Architects v Mosman Municipal Council

JUDGMENT

1 This is a class 1 appeal No. 11146 of 2005 between Marchese and Partners Architects v Mosman Council in regard to a deemed refusal of Development Application No. 8.2005.20.1 in regard to a proposal for a part-3 and part-4 storey mixed use building containing 11 commercial units on the ground floor and 16 residential dwellings on the upper floors and basement parking with 37 spaces at a site known as Nos. 361-363 Military Road, Mosman.