Dixon Andrews Architects Pty Ltd v Mosman Council [2013] NSWLEC 1073

Land and Environment Court New South Wales

Medium Neutral Citation: Dixon Andrews Architects Pty Ltd v Mosman Council [2013] NSWLEC 1073 Hearing dates: 22-23 April 2013 Decision date: 30 April 2013 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld in part Catchwords: Modification of consent, side setbacks Legislation Cited: Land and Environment Court Act 1979 Mosman Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Texts Cited: Mosman Council Residential Development Control Plan Category: Principal judgment Parties: Dixon Andrew Architects Pty Ltd (Applicant)

Mosman Council (Respondent) Representation: Mr P Rigg (Applicant)

Ms J Walsh (Respondent) File Number(s): 10088 of 2013 10089 of 2013

Judgment 1Dixon Andrews Architects Pty Ltd obtained two deferred commencement development consent from Mosman Council for demolition and the construction of semi detached dwelling houses on two adjoining allotments of land. The deferred commencement conditions were unsatisfactory to the applicant and two separate appeals were lodged. The parties agreed that the appeals be heard concurrently. Matter No 10088 of 2013 relates to No 61 Muston Street, Mosman and Matter No 10089 of 2013 to No 61A Muston Street. 2The matters commenced as a conciliation conference under s34AA of the Land and Environment Court Act 1979 (LEC Act) and a number of the contentions were resolved. One matter remained in dispute and the conference was terminated. A hearing was held immediately with evidence heard on the remaining contention, which is whether the setback from the side boundaries of the lots is adequate in the area of the kitchens of each dwelling.