FKP Funds Management Pty Limited v Mosman Council [2011] NSWLEC 1000

Land and Environment Court New South Wales

Medium Neutral Citation: FKP Funds Management Pty Limited v Mosman Council [2011] NSWLEC 1000 Hearing dates: 24, 25, 26 November 2010 Decision date: 14 January 2011 Jurisdiction: Class 1 Before: Hussey C Decision: 1.The appeal is dismissed. 2.Development consent for alterations and the refurbishment of the existing retail centre at 710 Military Road, Mosman is refused. 3.The exhibits be returned except for 1, 4, 7, A and D. Catchwords: Development Application; refurbishment of retail centre; traffic impacts; access; noise; public interest Legislation Cited: Deemed SEPP - Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005; State Environmental Planning Policy No. 55 - Remediation of Land; State Environmental Planning Policy (Infrastructure) 2007; Mosman Local Environmental Plan 1988; Draft Mosman Local Environmental Plan 2008; Mosman Business Centres Development Control Plan; Mosman Transport Development Control Plan; Notifications Development Control Plan; Mosman Section 94 Contributions Plan - Public Car Parking in the Spit Junction Town Centre; Public Domain Improvement Program for Mosman and Spit Junctions; Sydney Harbour Foreshores and Waterways Area Development Control Plan; Austroads Standards Guide to Traffic Engineering Practice and AS/NZS 2890.1 :2004 Cases Cited: Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] NSWLEC 315 Category: Principal judgment Parties: FKP Funds Management Pty Limited (Applicant) Mosman Council (Respondent) Representation: Mr P Tomasetti SC (Applicant) Mr M Staunton (Respondent) Holman Webb Lawyers (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 10399/2010