Buyozo Pty Limited v Mosman Municipal Council [2008] NSWLEC 1120

Land and Environment Court of New South Wales

CITATION : Buyozo Pty Limited v Mosman Municipal Council [2008] NSWLEC 1120

APPLICANT Buyozo Pty Limited PARTIES : RESPONDENT Mosman Municipal Council

FILE NUMBER(S) : 10548 of 2006

CORAM: Hoffman C

KEY ISSUES: Section 96 Modification :- reduction of drop-off/pick-up parking places from 6 to 4, parking demand for a 90 child day care centre, no potential for on-site carparking.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 03/03/2008

DATE OF JUDGMENT: 3 March 2008

APPLICANT Mr P. McEwen, SC Instructed by Mr C. Reid of Reid & Vesely LEGAL REPRESENTATIVES:

RESPONDENT Mr J. Ayling, SC instructed by Ms J. Walsh of Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

3 March 2008

10548 of 2006 Buyozo Pty Limited v Mosman Municipal Council

JUDGMENT 1 This is a s 96 application in regard to condition Pt A No 1A of deferred development consent issued under appeal No 10548 of 2006 on 2 July 2007. The deferred development consent was granted for a 90 place long day childcare centre at No 613-623 Military Road, Mosman. The terms of existing condition 1A are: "This consent shall not operate until approval has been granted by the Roads and Traffic Authority for the proposed parking restrictions indicated on Figure 1 dated 21 November 2006 by Masson Wilson Twiney which is Annexure A to the joint statement of John Coady and Bruce Masson, Exhibit 10." 2 The applicant seeks to modify it to read: "This consent shall not operate until approval has been granted by the Roads and Traffic Authority for the proposed parking restrictions of the type or variation thereof acceptable to the Roads and Traffic Authority indicated on Figure 1 dated 21 November 2006, by Masson Wilson Twiney which is Annexure A to the joint statement of John Coady and Bruce Masson, Exhibit 10." 3 The subject site has two street frontages, the second being to The Crescent in Mosman, and it runs parallel to Military Road. Due to the less traffic and more parking available the proposal uses The Crescent as its main access. The plan in Figure 1 shows kerbside pick-up and drop-off parking for six cars outside the site and overlapping on the council youth centre and library frontage adjoining.